1994)"

l/^SFH /1434- /./X

—

RECEIVED

MAR 3 1994

KATHRINE R EVERETT
LAW LIBRARY

The
NORTH CAROLINA

IN THIS ISSUE

i|Trj©w| |j o I

EXECUTIVE ORDERS

IN ADDITION

Voting Rights Act
Tax Review Board

PROPOSED RULES

Environment, Health, and Natural Resources

General Contractors

Labor

Public Education

State Personnel

RRC OBJECTIONS

RULES INVALIDATED BY JUDICIAL DECISION

CONTESTED CASE DECISIONS

ISSUE DATE: March 1, 1994

Volume 8 • Issue 23 • Pages 2214-2355

INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE

NORTH CAROLINA REGISTER

The North Carolina Register is published twice a momh and
contains information relating to agency, executive, legislative and
judicial actions required by or affecting Chapter 150B of the
Genera] Statutes. All proposed administrative rules and notices of
public hearings filed under G.S. 150B-21.2 must be published in
the Register. The Register will typically comprise approximately
fifty pages per issue of legal text.

State law requires that a copy of each issue be provided free of
charge to each county in the state and to various state officials and
institutions.

The North Carolina Register is available by yearly subscription
at a cost of one hundred and five dollars (S105.00) for 24 issues.
Individual issues may be purchased for eight dollars (S8.00).

Requests for subscription to the North Carolina Register should
be directed to the Office of Administrative Hearings.
P. 0. Drawer 27447, Raleigh, N. C. 27611-7447.

TEMPORARY RULES

Under certain emergency conditions, agencies may issue
temporary rules. Within 24 hours of submission to OAH, the
Codifier of Rules must review the agency's written statement of
findings of need for the temporary rule pursuant to the provisions in
G.S. 150B-21.1. If the Codifier determines that the findings meet
the criteria in G.S. 150B-21.1, the rule is entered into the NCAC. If
the Codifier determines that the findings do not meet the criteria,
the rule is returned to the agency. The agency may supplement its
findings and resubmit the temporary rule for an additional review
or the agency may respond that it will remain with its initial
position. The Codifier, thereafter, will enter the rule into the
NCAC. A temporary rule becomes effective either when the
Codifier of Rules enters the rule in the Code or on the sixth
business day after the agency resubmits the rule without change.
The temporary rule is in effect for the period specified in the rule or
180 days, whichever is less. An agency adopting a temporary rule
must begin rule-making procedures on the permanent rule at the
same time the temporary rule is filed with the Codifier.

ADOPTION AMENDMENT, AND REPEAL OF
RULES

NORTH CAROLINA ADMINISTRATIVE CODE

The following is a generalized statement of the procedures to be
followed for an agency to adopt, amend, or repeal a rule. For the
specific statutory authority, please consult Article 2A of Chapter
150B of the General Statutes.

Any agency intending to adopt, amend, or repeal a rule must
first publish notice of the proposed action in the North Carolina
Register. The notice must include the time and place of the public
hearing (or instructions on how a member of the public may request
a hearing); a statement of procedure for public comments; the text
of the proposed rule or the statement of subject matter; the reason
for the proposed action; a reference to the statutory authority for the
action and the proposed effective date.

Unless a specific statute provides otherwise, at least 15 days
must elapse following publication of the notice in the North
Carolina Register before the agency may conduct the public
hearing and at least 30 days must elapse before the agency can take
action on the proposed rule. An agency may not adopt a rule that
differs substantially from the proposed form published as part of
the public notice, until the adopted version has been published in
the North Carolina Register for an additional 30 day comment
period.

When final action is taken, the promulgating agency must file
the rule with the Rules Review Commission (RRC). After approval
by RRC, the adopted rule is filed with the Office of Administrative
Hearings (OAH).

A rule or amended rule generally becomes effective 5 business
days after the rule is filed with the Office of Administrative
Hearings for publication in the North Carolina Administrative Code
(NCAC).

Proposed action on rules may be withdrawn by the promulgating
agency at any time before final action is taken by the agency or
before filing with OAH for publication in the NCAC.

The North Carolina Administrative Code (NCAC) is a
compilation and index of the administrative rules of 25 state
agencies and 38 occupational licensing boards. The NCAC
comprises approximately 15,000 letter size, single spaced pages of
material of which approximately 35% of is changed annually.
Compilation and publication of the NCAC is mandated by G.S.
150B-21.18.

The Code is divided into Titles and Chapters. Each state agency
is assigned a separate title which is further brok~n down by
chapters. Title 21 is designated for occupational licensing boards.

The NCAC is available in two formats.

(1) Single pages may be obtained at a minimum cost of
two dollars and 50 cents (S2.50) for 10 pages or less,
plus fifteen cents (SO. 15) per each additional page.

(2) The full publication consists of 53 volumes, totaling in
excess of 15,000 pages. It is supplemented monthly
with replacement pages. A one year subscription to the
full publication including supplements can be
purchased for seven hundred and fifty dollars
(S750.00). Individual volumes may also be purchased
with supplement service. Renewal subscriptions for
supplements to the initial publication are available.

Requests for pages of rules or volumes of the NCAC should be
directed to the Office of Administrative Hearings.

CITATION TO THE NORTH CAROLINA
REGISTER

The North Carolina Register is cited by volume, issue, page
number and date. 1:1 NCR 101-201, April 1, 1986 refers to

Volume 1, Issue 1, pages 101 through 201 of the North Carolina
Register issued on April 1, 1986.

FOR INFORMATION CONTACT: Office of
Administrative Hearings, ATTN: Rules Division, P.O.
Drawer 27447, Raleigh. North Carolina 27611-7447, (919)
733-2678.

NORTH
CAROLINA
REGISTER

Office of Administrative Hearings

P. O. Drawer 27447

Raleigh, North Carolina 27611-7447

(919) 733-2678

Julian Mann III,

Director
James R. Scarcella Sr.,

Deputy Director
Molly Masich,

Director o/APA Services

Staff:

Ruby Creech,

Publications Coordinator
Teresa Kilpatrick,

Editorial Assistant
Jean Shirley,

Editorial Assistant

This publication is printed on permanent,
acid-free paper in compliance with
G.S. 125-11.13.

ISSUE CONTENTS

I. EXECUTIVE ORDERS

Executive Orders 38-39 2214

II. IN ADDITION

Voting Rights Act 2216

Tax Review Board 2217

III. PROPOSED RULES
Environment, Health, and

Natural Resources

Departmental Rules 2223

Environmental Management .... 2243
Labor

OSHA 2221

Licensing Board

General Contractors 2320

Public Education

Elementary & Secondary 2319

State Personnel

Office of State Personnel 2325

IV. RRC OBJECTIONS 2332

V. RULES INVALIDATED BY

JUDICIAL DECISION 2340

VI. CONTESTED CASE DECISIONS

Index to ALJ Decisions 2341

VII. CUMULATIVE INDEX 2352

NORTH CAROLINA REGISTER

Publication Schedule

(March 1994 - January 1995)

Volume
and

Issue
Number

Issue
Date

Last Day

for

Filing

Last Day
for Elec-
tronic
Filing

Earliest

Date for

Public

Hearing

15 days
from
notice

* End of

Required

Comment

Period

30 days

from

notice

Last Day

to Submit

to RRC

** Earliest

Effective

Date

8:23

03/01/94

02/08/94

02/15/94

03/16/94

03/31/94

04/20/94

06/01/94

8:24

03/15/94

02/22/94

03/01/94

03/30/94

04/14/94

04/20/94

06/01/94

9:1

04/04/94

03/11/94

03/18/94

04/19/94

05/04/94

05/20/94

07/01/94

9:2

04/15/94

03/24/94

03/31/94

05/02/94

05/16/94

05/20/94

07/01/94

9:3

05/02/94

04/11/94

04/18/94

05/17/94

06/01/94

06/20/94

08/01/94

9:4

05/16/94

04/25/94

05/02/94

05/31/94

06/15/94

06/20/94

08/01/94

9:5

06/01/94

05/10/94

05/17/94

06/16/94

07/01/94

07/20/94

09/01/94

9:6

06/15/94

05/24/94

06/01/94

06/30/94

07/15/94

07/20/94

09/01/94

9:7

07/01/94

06/10/94

06/17/94

07/18/94

08/01/94

08/22/94

10/01/94

9:8

07/15/94

06/23/94

06/30/94

08/01/94

08/15/94

08/22/94

10/01/94

9:9

08/01/94

07/11/94

07/18/94

08/16/94

08/31/94

09/20/94

11/01/94

9:10

08/15/94

07/25/94

08/01/94

08/30/94

09/14/94

09/20/94

11/01/94

9:11

09/01/94

08/11/94

08/18/94

09/16/94

10/03/94

10/20/94

12/01/94

9:12

09/15/94

08/24/94

08/31/94

09/30/94

10/17/94

10/20/94

12/01/94

9:13

10/03/94

09/12/94

09/19/94

10/18/94

11/02/94

11/21/94

01/01/95

9:14

10/14/94

09/23/94

09/30/94

10/31/94

11/14/94

11/21/94

01/01/95

9:15

11/01/94

10/11/94

10/18/94

11/16/94

12/01/94

12/20/94

02/01/95

9:16

11/15/94

10/24/94

10/31/94

11/30/94

12/15/94

12/20/94

02/01/95

9:17

12/01/94

11/07/94

11/15/94

12/16/94

01/03/95

01/20/95

03/01/95

9:18

12/15/94

11/22/94

12/01/94

12/30/94

01/17/95

01/20/95

03/01/95

9:19

01/03/95

12/08/94

12/15/94

01/18/95

02/02/95

02/20/95

04/01/95

9:20

01/17/95

12/21/94

12/30/94

02/01/95

02/16/95

02/20/95

04/01/95

This table is published as a public service, and the computation of time periods are not to be deemed binding
or controlling. Time is computed according to 26 NCAC 2B .0103 and the Rules of Civil Procedure, Rule
6.

* An agency must accept comments for at least 30 days after the proposed text is published or until the date
of any public hearing, whichever is longer. See G.S. 150B-2 1.2(f) for adoption procedures.
** The "Earliest Effective Date " is computed assuming that the agency follows the publication schedule above,
that the Rules Review Commission approves the rule at the next calendar month meeting after submission, and
that RRC delivers the rule to the Codifier of Rules five (5) business days before the 1st business day of the next
calendar month.

Revised 03/94

EXECUTIVE ORDERS

EXECUTIVE ORDER NO. 38

COUNCIL ON HEALTH POLICY

INFORMATION

WHEREAS, the value of reliable, timely, and
comprehensive health information is crucial for
policy-making and program management, and;

WHEREAS, every effort must be made to
remove obstacles which hinder the use of data by
health policy makers, and;

WHEREAS, interagency communication and
cooperation is necessary for agencies responsible
for the creation of effective health policy since no
single umbrella agency has authority for all health
programs, and;

WHEREAS, North Carolina has been awarded
funds from the Robert Wood Johnson Foundation
to develop a comprehensive State health data plan
to enhance the use of health data for policy deci-
sion-making and program management;

NOW, THEREFORE, by the authority vested in
me as Governor by the Constitution and laws of
the State of North Carolina, IT IS ORDERED:

Section L Establishment and Rescission.

The Council on Health Policy Information ("the
Council") is hereby established. Martin Adminis-
tration Executive Orders 162 and 174 are hereby
rescinded. This Council is the successor organiza-
tion to that one.

Section 2. Members of the Council.

A. The Membership of the Council shall include
the following persons or their designees:

(1) State Health Director, DEHNR, who will
serve as Chair;

(2) Chief Policy Advisor to the Governor;

(3) Director of the Division of Medical
Assistance, DHR;

(4) Director of the Office of State Planning,
Office of the Governor;

(5) Commissioner of the Department of
Insurance;

(6) State Budget Officer, Office of the Gov-
ernor;

(7) Director of the Office of Rural Health
and Resources Development, DHR;

(8) Director of the Division of Aging, DHR;

(9) Director of the Division of Facility Ser-
vices, DHR;

(10) Director of the Division of Mental

Health, Developmental Disabilities, and
Substance Abuse, DHR;

(11) Chair of the State Health Coordinating
Council, DHR;

(12) Chair of the Commission for Health
Services;

(13) One representative from the Division of
Maternal and Child Health, DEHNR;

(14) Executive Director of the North Carolina
Health Planning Commission;

(15) Chair of the Minority Health Council,
DHR;

(16) One member of the State House, appoint-
ed by the Governor;

(17) One member of the State Senate, appoint-
ed by the Governor, and;

(18) Two representatives of private insurance
companies doing business within North
Carolina, appointed by the Governor.

B. The following persons or their designees
shall serve as ex officio members of the Council:

(1) Director of the State Center for Health
and Environmental Statistics, DEHNR;

(2) Executive Director of the Medical Data-
base Commission, Department of Insur-
ance; and

(3) Director of the Health Policy Unit of the
Cecil G. Sheps Center for Health Servic-
es Research, University of North Caroli-
na School of Public Health.

C. The following persons or their designees are
requested to serve as members of the Council:

(1) President of the North Carolina Health
Care Facilities Association;

(2) President of the Association of Local
Health Directors;

(3) President of the North Carolina Hospital
Association;

(4) Executive Director of the North Carolina
Association for Home Care;

(5) Executive Director of the North Carolina
Association of Long-Term Care Facili-
ties;

(6) President of the North Carolina Medical
Society;

(7) Director of the Duke University Institute
for Health Policy;

(8) President of the North Carolina Minority
Health Center;

(9) President of Citizens for Business and
Industry;

(10) One representative from the North Caro-
lina Child Advocacy Institute; and

(11) Executive Director of the Partnership for
Children.

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2214

EXECUTIVE ORDERS

All members shall serve at the pleasure of the
Governor. All vacancies shall be filled by the
Governor.

Section 3. Functions.

A. The Council shall meet monthly, or at the
call of the Chair.

B. The Council shall submit to the Governor a
State Health Data Plan which outlines:

( 1 ) how North Carolina can further enhance
data-based health policy-making through
improved health statistics and information
systems; and

(2) how best to institutionalize a process for
collaborative health policy formulation
and implementation.

C. To execute its responsibilities, the Council
shall have the power to:

(1) collect existing program data and request
additional data from public and private
sources as needed;

(2) hold public hearings; and

(3) set up ad hoc committees.

ORDERED:

Section 4 of Executive Order Number 23 is
hereby amended to read:

Section 4. Duties.

The Task Force shall have the following duties:

(d) Report its findings and recommendations to
the Joint Legislative Education Oversight Commit-
tee and to the State Board of Education by Febru-
ary 1, 1995.

This Executive Order shall be effective immedi-
ately.

Done in Raleigh, North Carolina, this the 4th
day of February, 1994.

Section 4. Administration.

A. Financial support for the Council shall be
provided only through a grant from the Robert
Wood Johnson Foundation, to be administered by
DEHNR pursuant to the Executive Budget Act.

B. Member of the Council shall be reimbursed
for necessary travel and subsistence expenses as
authorized under state law. Funds for such ex-
penses shall be made available from funds provid-
ed by the grant from the Robert Wood Johnson
Foundation.

C. The continuation of this Executive Order, or
any renewal or extension thereof, is dependent
upon and subject to the allocation of appropriation
of funds for the purposes set forth herein (See
N.C.G.S. 143-34.2).

(

This Executive Order shall become effective
immediately.

Done in Raleigh, North Carolina, this the 4th
day of February, 1994.

EXECUTIVE ORDER NO. 39

AMENDING EXECUTIVE ORDER

NUMBER 23 CONCERNING THE

PUBLIC SCHOOL ADMINISTRATOR

TASK FORCE

By the authority vested in me as Governor by the
laws and constitution of North Carolina, IT IS

2215

8:23

NORTH CAROLINA REGISTER

March 1, 1994

IN ADDITION

1 his Section contains public notices that are required to be published in the Register or have been
approved by the Codifier of Rules for publication.

U.S. Department of Justice

Civil Rights Division

JPT:GS:RA:emr Voting Section

DJ 166-012-3 P.O. Box 66128

93-4646 Washington, DC. 20035-6128

February 2, 1994

Donald I. McRee, Jr., Esq.

Pasquotank County Attorney

P. O. Box 39

Elizabeth City, North Carolina 27907-0039

Dear Mr. McRee:

This refers to the polling place change in the Providence Precinct for Pasquotank County, North
Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act of 1965, as
amended, 42 U.S.C. 1973c. We received your submission on December 10, 1993.

The Attorney General does not interpose any objection to the specified change. However, we note
that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent
litigation to enjoin the enforcement of the change. See the Procedures for the Administration of Section 5
(28 C.F.R. 51.41).

We note that a proper submission of a voting change for Section 5 review for delivery by the United
States Postal Service should be addressed to the Chief, Voting Section, Civil Rights Division, Department
of Justice, P.O. Box 66128, Washington, DC. 20035-6128. Submissions for delivery by commercial
express service companies should be addressed to the Chief, Voting Section, Civil Rights Division,
Department of Justice, 320 First Street, N.W., Room 818A, Washington, DC. 20001. In either case the
envelope and first page should be marked: Submission under Section 5 of the Voting Rights Act.

Sincerely,

James P. Turner

Acting Assistant Attorney General

Civil Rights Division

By:

Steven H. Rosenbaum
Chief, Voting Section

8:23 NORTH CAROLINA REGISTER March 1, 1994 2216

IN ADDITION

STATE OF NORTH CAROLINA
COUNTY OF WAKE

BEFORE THE TAX REVIEW BOARD

In the matter of:

The Proposed Assessment of Sales Tax for the

Period 1 March 1989 through 14 September 1989

by the Secretary of Revenue against Down East

Secretary of Revenue against Down

Rent-A-John.

ADMINISTRATIVE
DECISION NUMBER:

278

THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax
Review Board at its regular meeting in the City of Raleigh on 21 December 1993, upon the Petition of
Down East Rent-A-John for review of a Final Decision of the Deputy Secretary of Revenue entered 5 May
1992 sustaining a proposed assessment of sales tax for the period 1 March 1989 through 14 September 1989.

AND IT APPEARING TO THE BOARD that the findings of fact made by the Deputy Secretary
of Revenue were fully supported by competent evidence of record, that the conclusions of law made by the
Deputy Secretary were fully supported by findings of fact, and that the decision by the Deputy Secretary
was fully supported by the conclusions of law;

IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is
confirmed in every respect.

Entered this the 7th day of February, 1994.

TAX REVIEW BOARD

Harlan E. Boyles, Chairman
State Treasurer

John E. Thomas

Chairman, Utilities Commission

Jeff D Batts

(

2217

8:23

NORTH CAROLINA REGISTER

March 1, 1994

IN ADDITION

STATE OF NORTH CAROLINA
COUNTY OF WAKE

BEFORE THE TAX REVIEW BOARD

In the matter of:

The Proposed Assessment of Additional Income
Tax for the year 1 988 by the Secretary of Revenue
against Richard A. Werner, Taxpayer.

ADMINISTRATIVE
DECISION NUMBER:

279

THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax
Review Board at its regular meeting in the City of Raleigh on 21 December 1993, upon the Petition of
Richard A. Werner, Taxpayer, for review of a Final Decision of the Deputy Secretary of Revenue entered
1 1 June 1992 sustaining a proposed assessment of additional income tax for the taxable year 1988.

AND IT APPEARING TO THE BOARD: (1) that the findings of fact made by the Deputy
Secretary of Revenue regarding the Taxpayer's state of residence and other material facts were fully
supported by competent evidence of record, that the conclusions of law made by the Deputy Secretary were
fully supported by the findings of fact, and that the decision by the Deputy Secretary was fully supported
by the conclusions of law; and (2) that Deputy Secretary's decision correctly applies the relevant law to
the facts of this case;

IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is
confirmed in every respect.

Entered this 7th day of February, 1994.

TAX REVIEW BOARD

Harlan E. Boyles, Chairman
State Treasurer

John E. Thomas

Chairman, Utilities Commission

Jeff D. Batts

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2218

IN ADDITION

STATE OF NORTH CAROLINA
COUNTY OF WAKE

BEFORE THE TAX REVIEW BOARD

In the matter of:

The Proposed Assessment of Additional Income
Tax for the year 1981 by the Secretary of Revenue
against Sally T. Gooden, Taxpayer.

ADMINISTRATIVE
DECISION NUMBER:

280

THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax
Review Board at its regular meeting in the City of Raleigh on 21 December 1993, upon the Petition of Sally
T. Gooden, Taxpayer, for review of a Final Decision of the Deputy Secretary of Revenue entered 3 June
1992 sustaining a proposed assessment of additional income tax for the taxable year 1981.

AND IT APPEARING TO THE BOARD: that the findings of fact made by the Deputy Secretary
of Revenue were fully supported by competent evidence of record, that the conclusions of law made by the
Deputy Secretary were fully supported by the findings of fact, and that the decision by the Deputy Secretary
was fully supported by the conclusions of law;

IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is

confirmed in every respect.

Entered this 7th day of February, 1994.

TAX REVIEW BOARD

(

Harlan E. Boyles, Chairman
State Treasurer

John E. Thomas

Chairman, Utilities Commission

Jeff D Batts

2219

8:23

NORTH CAROLINA REGISTER

March 1, 1994

IN ADDITION

STATE OF NORTH CAROLINA
COUNTY OF WAKE

BEFORE THE TAX REVIEW BOARD

In the matter of:

The Proposed Assessment of Income Tax for tax
years 1984, 1985, 1986, and 1987 by the Secretary
of Revenue against Howard S. Nunn Jr. and
Ilene Nunn, Taxpayers.

ADMINISTRATIVE
DECISION NUMBER:

281

THIS MATTER was heard before the undersigned duly appointed and acting members of the Tax
Review Board at its regular meeting in the City of Raleigh on 21 December 1993, upon the Petition of
Howard S. Nunn Jr. and Ilene Nunn, Taxpayers, for review of a Final Decision of the Deputy Secretary
of Revenue entered 11 June 1992 sustaining a proposed assessment of income tax for the tax years 1984,
1985, 1986, and 1987.

IT IS THEREFORE ORDERED that the Final Decision of the Deputy Secretary of Revenue is
confirmed in every respect.

Entered this 7th day of February, 1994.

TAX REVIEW BOARD

Harlan E. Boyles, Chairman
State Treasurer

John E. Thomas

Chairman, Utilities Commission

Jeff D. Batts

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2220

PROPOSED RULES

TITLE 13 - DEPARTMENT OF LABOR

Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Department of Labor intends to
amend rules cited as 13 NCAC 7 A .0302 and 7F .0201.

1 he proposed effective date of this action is June 1 , 1994.

1 he public hearing will be conducted at 10:00 a.m. on March 24, 1994 at the Seaboard Building
Conference Room, 413 N. Salisbury Street, Raleigh, NC 27603.

ixeason for Proposed Action: Increased demand for NCDOL/OSH General Industry Standards and
Construction Standards in addition to rise in printing costs and limited OSHA publishing budget.

Lsomment Procedures: Persons wanting to present oral testimony at the hearing should provide a written
summary of the proposed testimony to the Division three business days prior to the hearing date. Written
comments will be accepted until March 31, 1994. Direct all correspondence to Jill F. Cramer,
NCDOL/OSH. 413 N. Salisbury Street, Raleigh, NC 27603-5942.

CHAPTER 7 - OSHA

SUBCHAPTER 7A - GENERAL RULES AND OPERATIONAL PROCEDURES

SECTION .0300 - PROCEDURES

.0302 COPIES AVAILABLE

Copies of the applicable Code of Federal Regulations sections referred to in this Chapter are available for
public inspection at the North Carolina Department of Labor, Division of Occupational Safety and Health.
A single copy may be obtained from the Division at ae a cost of twelve dollars and seventy -two cents
($12.72) (inclusive of tax) ; each additional copy may b e obtain e d at a co s t of t e n dollars and s ixty c e nts
($10.60) (inclu s iv e of tax), will be the same price. Copies may also be obtained from the U.S. Government
Printing Office, Washington, DC. 20402. at a cost of twenty-nine dollars ($29.00).

Statutory Authority G.S. 95-133; 150B-21.6.

SUBCHAPTER 7F - STANDARDS

SECTION .0200 - CONSTRUCTION STANDARDS

.0201 CONSTRUCTION

(a) The provisions for the Occupational Safety and Health Standards for Construction, Title 29 of the
Code of Federal Regulations Part 1926, are incorporated by reference except that personal protective
equipment, §1926. 28(a) is amended to read as follows: "(a) The employer is responsible for requiring the
wearing of appropriate personal protective equipment in all operations where there is an exposure to
hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards
to the employees."

(b) The parts of the Code of Federal Regulations incorporated by reference in this Subchapter shall not
automatically include any subsequent amendments thereto, except as follows:

(1) Incorporation of existing General Industry Standards (Part 1910) applicable to construction work
into the Safety & Health Regulations for Construction (Part 1926). Final rule as published in
58 FR (June 30, 1993) pages 35076-35311 and adopted by the North Carolina Department of
Labor on November 1, 1993; correction to Appendix D to §1926.1147 as published in 58 FR

2221 8:23 NORTH CAROLINA REGISTER March 1, 1994

PROPOSED RULES

(July 28, 1993) page 40468 and adopted by the North Carolina Department of Labor on
December 31, 1993.

Subpart C — General Safety and Health Provisions,

1926.33 Access to employee exposure and medical records.

1926.34 Means of egress.

1926.35 Employee emergency action plans.
Subpart D — Occupational Health and Environmental Control,

1926.64 Process safety management of highly hazardous chemicals.

1926.65 Hazardous waste operations and emergency response.

1926.66 Criteria for design and construction for spray booths.
Subpart E — Personal Protective Equipment and Life Saving Equipment,

1926.95 Criteria for personal protective equipment.

1926.96 Occupational foot protection.

1926.97 Protective clothing for fire brigades.

1926.98 Respiratory protection for fire brigades.
Subpart F — Fire Protection and Prevention,

Fixed Fire Suppression Equipment

1926.156 Fire extinguishing systems, general.

1926.157 Fire extinguishing systems, gaseous agent.
Other Fire Protection Systems

1926.158 Fire detection systems.

1926.159 Employee alarm systems.
Subpart I — Tools - Hand and Power,

1926.306 Air receivers.

1926.307 Mechanical power-transmission apparatus.
Subpart L — Scaffolding,

1926.453 Manually propelled mobile ladder stands and scaffolds (towers).
Subpart Y — Commercial Diving Operations,
General

1926.1071 Scope and application.

1926.1072 Definitions.
Personnel Requirements

1926.1076 Qualifications of dive team.
General Operations Procedures

1926.1080 Safe practices manual.

1926.1081 Pre-dive procedures.

1926.1082 Procedures during dive.

1926.1083 Post-dive procedures
Specific Operations Procedures

1926.1084 SCUBA diving

1926.1085 Surface-supplied air diving

1926.1086 Mixed-gas diving.

1926.1087 Liveboating.

Equipment Procedures and Requirements

1926.1090 Equipment.
Recordkeeping

1926.1091 Recordkeeping requirements.

1926.1092 Effective date.

Appendix A to Subpart Y - Examples of Conditions Which May Restrict or Limit Exposure
to Hyperbaric Conditions.

Appendix B to Subpart Y - Guidelines for Scientific Diving.
Subpart Z -- Toxic and Hazardous Substances
1926.1100-1926.1101 [Reserved].

1926.1102 Coal tar pitch volatiles; interpretation of term.

1926. 1 103 4-Nitrobiphenyl.

8:23 NORTH CAROLINA REGISTER March 1, 1994 2222

PROPOSED RULES

1926. 1 104 alpha-Naphthylamine.

1926.1105 [Reserved].

1926.1106 Methyl chloromethyl ether.

1926.1107 3,3'-Dichlorobenzidine [and its salts].

1926.1108 bis-Chloromethyl ether.

1 926. 1 109 beta-Naphthylamine.

1926.1110 Benzidine.

1926.1111 4-Aminodiphenyl.

1926.1112 Ethyleneimine.

1926.1113 beta-Propiolactone.

1926. 1 1 14 2-Acetylaminofluorene.

1926. 1115 4-Dimethylaminoazobenzene.

1926. 1 116 N-Nitrosodimethylamine.

1926.1117 Vinyl chloride.

1926.1 1 18 Inorganic arsenic.
Benzene.
Coke emissions.
1 ,2-dibromo-3-chloropropane.
Acrylonitrile.
Ethylene oxide.
Formaldehyde.
1926. Designations for General Industry Standards Incorporated Into

1926.1128
1926.1129
1926.1144
1926.1145
1926.1147
1926.1148
Appendix A to Part

Body of Construction Standards; and

(2) Subpart D — Occupational Health and Environmental Controls, 29 CFR 1926.62, Lead in
Construction. Interim final rule and appendices A through D as published in 58 FR (May 4,
1993) pages 26627-26649 and adopted by the North Carolina Department of Labor on September
6, 1993; and

(3) Subpart D — Occupational Health and Environmental Controls — typographical and technical
corrections at 1926.63, Cadmium, published in 58 FR (April 23, 1993) pages 21778 - 21780 and
21787 and adopted by the North Carolina Department of Labor on September 24, 1993;
corrections are to final rule for Occupational Exposure to Cadmium as originally published in
57 FR 42101 (September 14, 1992).

(c) Copies of the applicable Code of Federal Regulations sections referred to in this Subchapter are
available for public inspection at the North Carolina Department of Labor, Division of Occupational Safety
and Health. A single copy may be obtained from the Division at fte a cost of ten dollars and sixty cents
($10.60) (inclusive of tax) ; each additional copy may be obtained at a co s t of eight dollar s and forty eight
cents ($8. 4 8) (inclusive of tax), will be the same price.

Statutory Authority G.S. 95-131; 150B-21.6.

TITLE 15A - DEPARTMENT OF

ENVIRONMENT, HEALTH, AND

NATURAL RESOURCES

1 he proposed effective date of this action is July
1. 1994.

IS otic e is hereby given in accordance with G.S.
150B-21.2 that the Department of Environment,
Health, and Natural Resources intends to amend
rules cited as ISA NCAC U .0102, .0201 .0303 -
. 0304, . 0402, . 0502 - . 0503, . 0505, . 0602 - . 0603,
. 0606, . 0701 - . 0703, . 0802 - . 0803, . 0901 , . 0904.
. 1002, .1101: and repeal rules cited as 15 A NCAC
1 J .0501. .0605. .0905.

1 he public hearing will be conducted at 2:00
p.m. on March 21 , 1994 at the Archdale Building,
Ground Floor Hearing Room, 512 N. Salisbury
St., Raleigh, N.C.

Ixeason for Proposed Action: To implement the
1993 Session Laws Chapter 542, Section 5(c)(1)
which provides $45 million in bond proceeds to be
allocated for the same purposes for which finds in
the Clean Witer Revolving Loan and Grant pro-

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PROPOSED RULES

gram may be used. The proposed rule changes are
made to accommodate the inclusion of bond money
in the existing program.

(comment Procedures: Any person or organiza-
tion desiring to make oral comments at the hearing
should register to do so at the hearing. Statements
will be limited to 10 minutes, and one typewritten
copy of any such statement should be submitted to
the panel conducting the hearing. Any addition
comments should be forwarded to the Division of
Environmental Management or Division of Health
Services by March 31 , 1994. The addresses are as
follows:

Division of Environmental Management
Attention: Vega M. George

P. O. Box 29535

Raleigh, NC 27626-9535

Telephone: (919) 733-6900

Division of Environmental Health
Attention: Jerry C. Perkins

P. O. Box 29536

Raleigh, NC 27626-0536

Telephone: (919) 715-3236

tiiditor's Note: These Rules were filed as tempo-
rary rules effective March 8, 1994 for a period of
180 days or until the permanent rule becomes
effective, whichever is sooner.

CHAPTER 1 - DEPARTMENTAL RULES

SUBCHAPTER 1J - STATE CLEAN

WATER REVOLVING LOAN AND GRANT

PROGRAM

SECTION .0100 - GENERAL PROVISIONS

.0102 DEFESflTIONS

In addition to the definitions in G.S. 159G-3, the
following definitions will apply to this Subchapter:

(1) "Act" means the North Carolina Clean
Water Revolving Loan and Grant Act of
1987. G.S. 159G.

(2) "Award" means the offer by the receiv-
ing agency to enter into a loan or grant
commitment for a specified amount.

(3) "Award of contract" means the award by
the loan or grant recipient to a contractor
of a contract to construct the project as
bid.

(4) "Bid" means the amount of money for
which a contractor offers to construct the
project.

(5) "Contingency costs" means unforeseen
costs or situations not included in the
estimate of project costs.

(6) "Commitment" means a binding agree-
ment to pay loan or grant funds in a lump
sum or in installments to an eligible
applicant at some future time.

(7) "Date of completion" means the date on
which the project has been completed, as
determined by the receiving agency.

(8) "Division of Environmental
Management" means the Division of
Environmental Management of the North
Carolina Department of Environment,
Health, and Natural Resources.

(9) "Effective date of receipt" means
September 30 for applications postmarked
or hand delivered to the principal offices
of the receiving agency in Raleigh, North
Carolina between April 1 and September
30, and means March 31 for applications
postmarked or hand delivered to the
principal offices of the receiving agency
in Raleigh, North Carolina between
October 1 and March 31; except that for
applications to the Emergency
Wastewater or Water Supply Revolving
Loan Account it means the date
designated by the receiving agency for
each priority review period established
under Rule .0801(b) of this Subchapter.

(10) "Fiscal year" means the state fiscal year,
beginning on July 1 of a calendar year
and ending on June 30 of the following
calendar year. In referring to a specific
fiscal year, the year named is the
calendar year in which the fiscal year
ends. For example, "Fiscal Year 1988"
refers to the fiscal year beginning July 1,
1987 and ending June 30, 1988.

(11) "Inspection" means inspection or
inspections of a project to determine
percentage completion of the project and
compliance with applicable federal, state
and local laws or rules.

(12) "Orders" means any restrictive measure,
related to the operation of its wastewater
treatment facilities, issued to an applicant
for a loan or grant from the wastewater
accounts under this Subchapter. Such
measures may be included in, but are not
restricted to. Special Orders, Special

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2224

PROPOSED RULES

Orders by Consent, Judicial Orders, or
issued or proposed permits, permit
modifications or certificates.

(13) "Project" means the works described in
the application for a loan or grant under
this Subchapter.

(14) "Loan" means "revolving loan" as
defined in G.S. 159G-3(15).

(15) "Priority period" means priority review
period as established in Section .0800 of
this Subchapter.

•(+6-) "Public — necessity" — means that a need

exists — te — construct — a — new — wastewater
treatment — works. — wastewater collection
system or water s upply s y s tem, — or to
improve or expand exi s ting facilities, in
order to:
promote the public health, safety and

welfare

4e~

provide adequate se rvice s

substantial — portion — ef- — the — residents
within the servic e — area or projected
service area of a unit of government
wfre — are — pre s ently — without — such
services; or

fe) alleviate a critical public health hazard

or critical water pollution problem.
H-^ (16) "Real property" means land and
structures affixed to the land having the
nature of real property or interests in
land including easements or other
rights-of-way purchased or acquired for
water supply and wastewater facilities
and works to be constructed as a part of
the project for which a loan or grant is
made under this Subchapter.
(-W (17) "Regional water supply system"
means a public water supply system of a
municipality, county, sanitary district, or
other political subdivision of the state or
combination thereof which provides, is
intended to provide, or is capable of
providing an adequate and safe supply of
water to a substantial portion of the
population within a county, or to a
substantial water service area in a region
composed of all or parts of two or more
counties, or to a metropolitan area in two
or more counties.
(18) "Regional wastewater management
authority" means a unit of government
which has jurisdiction for providing the
wastewater treatment works for three or
more units of government, or which has
responsibility within a facility planning

area to carry out the operation and
maintenance of aU publicly-owned
wastewater treatment works.

(19) "Water Reclamation" means the
production of a high level treated effluent
as a reusable, non-potable water source.

(20) "Water Reuse" means the actual use or
application of treated wastewater in or on
areas which require water but do not
require potable water quality.

Statutory Authority G S. 159G-3; 159G-15.

SECTION .0200 - ELIGIBILITY
REQUIREMENTS

.0201 ELIGIBLE PROJECT COSTS

(a) Project costs eligible for a loan or grant
under this Subchapter are limited to:

(1) the actual costs of the works described
in the project application; and

f5) interest costs during construction; and

i%) (2) contingency costs, not to exceed

ten percent of the estimated eligible

construction costs for which a loan or

grant award is made under this

Subchapter.

Upon receipt of bids, the contingency costs shall

be reduced to not more than five percent of the

actual eligible construction costs as bid.

(b) Eligible costs do not include recurring
annual expenditures for administration, repairs, or
operation and maintenance of any wastewater
treatment works, wastewater collection system or
water supply system projects. Items not covered
or allowed in the definition of "construction costs"
in G.S. 159G-3(4) are also excluded.

Statutory Authority G.S. 159G-3(4); 159G-15.

SECTION .0300 - APPLICATIONS

.0303 FILLNG OF REQUIRED

SUPPLEMENTAL LNFORMATION

(a) Every application shall be accompanied by
an environmental assessment document as required
by G.S. 159G-8(b), and any additional
environmental impact documentation that may be
required, by the date the receiving agency sets the
priority rating for a priority review period.

(b) Any application that has not received
approval by the receiving agency of the
preliminary engineering report for the proposed
project by the date the receiving agency sets the
priority rating for a priority review period shall

2225

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NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

not be included in the priority rating for that
priority review period.

(c) Any application that is not accompanied by
an adopted resolution as required by G.S.
159G-9(3) stating that the unit of government has
complied or will substantially comply with all
applicable federal, state and local laws or rules
shall not be included in the priority rating for that
priority review period. Such resolution shall be
certified or attested to as a true and correct copy
as adopted.

(d) If a public hearing is held on an application,
the application shall not be included in the priority
rating unless the hearing process is concluded by
the date the receiving agency sets the priority
rating for the priority review period.

(e) A certification stating that the applicant will
be in compliance with verifiable Minority Business
Enterprise goals as stated in G.S. 143- 128(c).

Statutory Authority G.S. 159G-8; 159G-9;
159G-10(a); 159G-15.

.0304 APPLICATIONS FOR EMERGENCY
LOANS

(a) Applications for loans from the Emergency
Wastewater Revolving Loan Account shall be
submitted to the Division of Environmental Man-
agement. The application will be processed and
considered for approval by the Environmental
Management Commission during the appropriate
priority review period as established under Rule
.0801(b) of this Subchapter.

(b) Applications for loans from the Emergency
Water Supply Revolving Loan Account shall be
submitted to the Division of Environmental
Health. The application will be processed and
considered for approval by the Division of Envi-
ronmental Health during the appropriate priority
review period as established under Rule .0801(b)
of this Subchapter.

(c) Applications for emergency loans shall
conform with this Subchapter, except that Rules
.0301, .0302(e) and .0303(a) shall not apply.

Statutory Authority G.S. 159G-6(b)(3);
159G-6(c)(3); 159G-15.

SECTION .0400 - CRITERIA FOR

EVALUATION OF ELIGIBLE

APPLICATIONS

.0402 CRITERIA FOR WATER
CONSERVATION

Applicant may receive a maximum of 15 bonus

points for meeting the following criteria as applica-
ble:

(1) Applicant demonstrates it has a continu-
ing 1/1 program in its wastewater sewer
maintenance program. (Wastewater Pro-
jects Only)

5 points

(2) Applicant demonstrates it has a continu-
ing water loss reduction program in its
water supply system program. (Water
Supply Projects Only)

5 points

(3) Applicant demonstrates it has a continu-
ing program of water conservation educa-
tion and information.

5 points

(4) Applicant has adopted and is effectively
enforcing the state plumbing code within
the applicant's jurisdiction. Applicant
demonstrates it has established a water
conservation incentive rate structure;
created incentives for new or replacement
installation of low flow faucets, shower
heads, and toilets; or has a water recla-
mation or reuse system .

5 points

Statutory Authority G.S. 159G-10; 159G-15.

SECTION .0500 - PRIORITY CRITERIA

FOR WASTEWATER TREATMENT

WORKS PROJECTS

.0501 WATER POLLUTION CONTROL
NEEDS

Maximum Value 55 Points:
The value of this Rul e will be the sum of the
points assigned under Items (a), (b), (c) and (d) of
9 NCAC 3J .0502.

Statutory Authority G.S. 159G-10; 159G-15.

.0502 APPLICABLE CONDITIONS

Maximum Value — 55 Points:
The value of this Rule will be the sum of the
points assigned under Items (1), (2), (3) and (4).
(1) (a) Proposed project will comply with
established water quality standards and
priority points will be assigned on the
basis of the classification assigned to the
receiving waters as follows:
ia) m Class "SA" (Shellfish Waters).,
Class "WS-I" (Water Supply Source),
or Class "ORW" (Outstandin g Resource
Waters).

8:23

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March I, 1994

2226

PROPOSED RULES

£b)

(2) Class "WS-II", ef "WS-III",

"WS-IV", or "WS-V" (Water Supply

Source)

28 points

(c]

0) Class "B" or "SB" (Bathing

Waters)

26 points

id}

(4) Class "C" or "SC" (Fishing)

24 points

{&) Construction of proposed project has

been initiated or must be initiated within
12 months to comply with an order
issued or with a compliance schedule
approved by the Environmental
Management Commission, or by Judicial
Order.

10 points

(3) {e} Proposed projects will upgrade or
replace an existing primary provide for a
regional wastewater treatment facility.

10 points

(4) {d) Proposed project will provide
wastewater treatment processes for the
removal of nutrients or other materials
not normally removed by conventional
treatment processes.

5 points

Statutory Authority G. S. 159G-10; 159G-15.

.0503 FINANCIAL NEED OF APPLICANT

Maximum Value-15 Points:
(1) The financial need of the applicant will
be determined by the following formula:

f x 100 50 (Total Bonded Indebtedness

Points = plus Total Estimated Project Cost)

Total Appraised Property Valuation

"Total bonded indebtedness" includes all
outstanding bonds as of the first day of
the quarter in which the project
application is eligible for consideration
for the assignment of a priority but shall
not include bonds already authorized or
sold to finance the proposed project.
"Total appraised property valuation"
refers only to real property valuation
based on the most recent appraisal for tax
purposes as officially recorded in the
county or counties in which the service
area of the proposed project is to be
located.
"f" shall be a factor of 1.5 for project

30 points application s — from — units — of government

located in counties or areas designated by

t-h-e Economic D e velop ment

Administration — as — a — "qualified — area"
under the Public Work s and Economic
Development Act of 1965 as amended.
For all other applications, the factor shall
be 1.25.

"f x 100" 50 is used in the formula to
provide point values for this categorical
element.

5 points
(2) The applicant is located within a county
which has been designated as "distressed"
by the Secretary of Commerce in
accordance with G.S. 105-130. 40(c),
G.S. 105-151. 17(c) and G.S. 143B-437A.

10 points

Statutory Authority G.S. 159G-10; 159G-15.

.0505 PROPERTY ACQUISITION

Maximum Value— 10 points:
The value of this Rule will be the sum of the
values a ss igned to Item s (1) to (5) of this Rule.

f4-) financing of the applicant's share of the

project — arranged — by — having — held — and
passed a bond — referendum, arranged for
the — sale — ef- — revenue — bond s — er- — eash
available; 5 points

final — detailed — construction — plans — and
specifications submitted; 2 points

-the — proposed — plant — site — approved — m
writing by the Division of Environmental
Management; 1 point

(4) plant site secured or option taken; an

opinion — ef- — title — counsel — s hould — be
submitted — stating — whether or — net — the
applicant (or the pre se nt owner if only an
option has been obtained) has good and
valid title to the entire s ite (excluding
casements and rights of way), free and
clear of any pre existing deeds of trust,
liens or other encumbrance s which would
affect the value or usefulness of the site
for the purpose intended; 1 point

iSj aH- AH necessary sites, rights-of-way

and/or or easements have been acquiredt
.. an An opinion by title counsel s imilar
to that concerning the s ite s hould be
submitted — in — substantiation — ef- — the
acquisition, shall be submitted stating
whether or not the applicant (or the
present owner if only an option has been
obtained) has good and valid title to the

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PROPOSED RULES

sites, rights-of-way or easements free and
clear of any preexisting deeds of trusts,
liens or other encumbrances,

4- K) points

Statutory Authority G.S. 159G-10; 159G-15.

SECTION .0600 - PRIORITY CRITERIA

FOR WASTEWATER COLLECTION

SYSTEM PROJECTS

.0602 PUBLIC HEALTH NEED

Select One; Maximum Value— 20 points:
(4-) Project will eliminate a critical or emerging
public health hazard as certified by. the local health
department .

20 points
(2-) — Project will eliminate an emerging public

health hazard. 15 points

0) Project will eliminate a demonstrated or

10 pointa

potential water pollution problem. —
A — public — health — hazard — w+H — be — con s idered
"critical" when it affects a significant number of
persona within a substantial area.

Statutory Authority G.S. 159G-10; 159G-15.

.0603 FINANCIAL NEED OF THE
APPLICANT

Maximum Value— 15 points:
(1) The financial need of the applicant will
be determined by the following formula:

f x 100 50 (Total Bonded Indebtedness

Points = plus Total Estimated Project Cost)

Total Appraised Property Valuation

"Total bonded indebtedness" includes all
outstanding bonds as of the first day of the
quarter in which the project application is
eligible for consideration for the
assignment of a priority but shall not
include bonds already authorized or sold
to finance the proposed project.
"Total appraised property valuation"
refers only to real property valuation
based on the most recent appraisal for tax
purposes as officially recorded in the
county or counties in which the service
area of the proposed project is to be
located.

"f" shall be a factor of 1.5 for project
application s — from — units — of government
located in counties or areas designated by
^h-e Economic Development

Admini s tration as a "qualified area" under

the Public Works asd Economic

Development Act of 1965 as amended.

For all other application s , the factor shall

be 1.25.

"f x 100" 50 is used in the formula to

provide point values for this categorical

element.

10 points

Statutory Authority G.S. 159G-10; 159G-15.

.0605 FINANCING OF THE PROJECT

Maximum Value 5 points:

fB Applicant has received a commitment for

funding from a federal agency. — 5 points

Statutory Authority G.S. 159G-10; 159G-15.

.0606 PROPERTY ACQUISITION

Maximum Value— 44 K) points:
The value of this Rule will be the sum of the value
assigned to Items (1), (2) and (3) of thi s Rule:

i4-j preliminary engineering report approved

ifl writing by the Division ef

Environmental

Management; 3 points

(2) fifta4 — detailed — construction — plan s — aad

specifications submitted;

points

03-

-att Ail necessary sites, rights-of-way
and/or or easements have been acquiredt
i aft An opinion by title counsel should
shall be submitted stating that — aH-
necessary — s ite s , — rights of way — and/or
easements — have — been — acquired — by — the
applicant whether or not the applicant (or
the present owner if only an option has
been obtained) has good and valid title to
the sites, rights-of-way or easements free
and clear of any preexisting deeds of
trusts, liens or other encumbrances .

4 10 points

Statutory Authority G.S. 159G-10; 159G-15.

SECTION .0700 - PRIORITY CRITERIA

FOR WATER SUPPLY SYSTEMS

PROJECTS

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2228

PROPOSED RULES

(1)
(a)

(e)

.0701 PUBLIC NECESSITY: HEALTH:
SAFETY AND WELFARE

Maximum Value— §5 80 points:

System and Service Area Needs:
(Maximum Points— 20)
The project is intended 3 olely to
increase the source of -raw water to
meet existing service area needs or to
alleviate water shortage problems.

12 points

(b) The project is intended to improve an
existing system with no increase in the
area to be served.

12 points

4-4 J_2 points

(d) The project is intended to increase the
existing area to be served and includes
needed improvements to the existing
system .

16 points
The project is intended to significantly
increase the existing area to be served,
includes needed improvements to the
existing system and is so designed as to
permit interconnection at an appropriate
time with an expanding metropolitan,
area- wide or regional system.

20 points
The project is intended to provide for
construction of a basic system for an
area a unit of government which is not
presently served by an approved public
water supply system and service by an
existing system is not feasible.

20 points
Public Health Need (A Maximum — 1-5
maximum of 40 Points points shall be
awarded if more than one item applies.) .
If one item of this categorical element
applie s , the value of 10 points will be

awarded . If- — both — item s — apply, — a-

maximum of 15 points will be awarded:

The project is intended to eliminate the

following health risks:

(a) The project is intended to alleviate an

urgent or immediately antieipated water

s hortage problem which has significant

public health implications. 10 points

Contaminant levels in drinking water
which constitute acute health risks
associated with fecal contamination,

(f)

(2)

40 points

(b) The project is necessary to eliminate a
potential public health hazard.
Unreasonable risks to health from
contamination levels in drinking water
as determined by the U.S.
Environmental Protection Agency or
the Environmental Protection Agency
or the Environmental Epidemiology
Section of the Department of
Environment, Health, and Natural
Resources.

35 points

30 points

(d) Inadequate treatment to remove or abate
contaminants associated with acute or
chronic health risks.

30 points

(e) Water shortage or inadequate water
pressure which has the potential to
create a significant risk to public health.

20 points
Notwithstanding other provisions relating
to the assignment of priority point values
for various categorical elements and
items, the Division of Environmental
Health may award a higher priority value
to an eligible application if the proposed
project is required to eliminate a
demonstrated or critical hazard to the
public health.
(3) Capacity for Future Growth (Select One)
- (Maximum Points— 20):

(a) The project is intended to provide for
the immediate needs.

6 points

(b) The project is intended to provide for
the reasonable foreseeable growth needs
of the area during the next for the 5 10
5 to 20 year years planning period .

10 points

{e) The project is intended to provide for

the rea s onable foreseeable growth needs
of the — afea — during — the — next — 1 1 15

year s

12 points

nitrate or nitrite.

The project i s intended to provide for
the reasonable fore s eeable growth need s
of the — afea — during — the — next — 16 20

years. 1 4 points

fe) (c) The project is a proposed regional
system or a major component of a
regional system which is intended to
provide for the reasonable fore s eeable

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March 1, 1994

PROPOSED RULES

growth needs of the area to be served
during the next 20 or more years.

20 points

Statutory Authority G.S. 159G-10; 159G-15.

.0702 PROJECT PLANNING

Maximum Value— 40 j_5 points:

The value of this categorical element is the sum
of the points awarded to cither Item ( 1 ) pius and
the points assigned to Item (2) or (3) of this Rule:

(1) in — the — absence — ef- — applicable — local,
area wide — ef — regional — planning, — the
project ha3 been endorsed officially by
the appropriate planning agencies or by
the appropriate elected officials of th e
county or counties in which the project is
located or proposed to be located. The
project is compatible with the State Water
Supply Plan and the applicable local
water supply facility plan submitted
under G.S. 143-355(1).

5 points

(2) The project is compatible with applicable
local, area wide or regional planning in
the county or counties — in which the
project — is — located — or proposed — te — be
located. The project demonstrates
planning, through inter-local agreements,
leading to systems of regional water
supply.

6 10 points

03 The project is compatible with applicable

local, area wide or regional planning in
the county or counties — in which the
project — is — located — ef — proposed — te — be
located and has been officially endorsed
by the appropriate planning agenflcpoints

{4) The project is compatible with the state's

general program of water supply planning
for the county or countie s in which the
project — is — located or proposed to — be
located — ef — is — m — compliance — with — a
regional — water — s upply — system — pkm

approved by th-e Division ef

Environmental Health. 2 points

Statutory Authority G.S. 159G-10; 159G-15.

.0703 FINANCIAL CONSIDERATIONS

Maximum Value— 35 Points:

(1) Financing of the Project (Select One)

(Maximum Points— 10):

(a) Applicant has applied for but not
received a commitment for funding

from a federal agency for a portion of
the project costs.

5 points

{b} Applicant has funds available or bonds

have been authorized to provide the
applicant's share of the project co s ts but
a commitment for funding has not been
received from a federal agency. 5 points

fe) Applicant has received a commitment

for funding from a federal agency and
has funds available or bonds have been
authorized to provide the applicant's

share of project costs. 10 points

{d4 £b) Applicant has funds available or
has received a commitment for funding
from a federal agency, or bonds have
been authorized to cover project costs
over and above the state grant or loan
funds requested.

10 points
(c) The loan funds requested cover all the
estimated project costs.

10 points
(2) Fiscal Responsibility of the Applicant
(Maximum Points— 10). The value of this
categorical element shall be the sum of
the points awarded Items (a) to fe} (c) of
this Paragraph:

(a) The applicant has followed proper
accounting and fiscal reporting
procedures as reflected in the
applicant's most recent report of audit,
and the applicant is in substantial
compliance with the provisions of the
general fiscal control laws of the state.

2 points

(b) The applicant has — an — effective — tax
collection — program water system is
fiscally self-sufficient.

2 points

(e) T4te additional debt service

requirements resulting from the project
will not increase the existing tax rate
exce ss ively. 2 points

{d) (c) Estimated revenues will provide
funds for proper future operation,
maintenance and administration,
reasonable expansion of the project and
estimated annual principal and interest
requirements for the project debt plus
annual principal and interest
requirements on the outstanding debt
incurred for existing facilities.

2 6 points
fe) The applicant ha s established or ftas

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2230

PROPOSED RULES

submitted a resolution of its governing
body directing the e s tablishment of a
capital — reserve — fund — mte — which — aH
s urplus revenue s from charges and fees
w+H — be — placed — fef — the — purposes
specified in G.S. 159G 9( 4 ). (Copy of
the resolution must be submitted with

the application.) 2 points

In determining the points to be awarded
this categorical element, the Division of
Environmental Health may seek the
comments of the Secretary of the Local
Government Commission. Applicants not
authorized to levy taxes shall be eligible
to receive two points for Item (b) and
two points for Item (c) of this Paragraph.
(3) Financial Need of the Applicant
(Maximum Points- 15). The financial
need of the applicant will be determined
by the following formula:

f x 100 150 (Total Bonded Indebtedness plus
Points = Total Estimated Project Cost)
Total Appraised Property Valuation

"f" s hall be a factor of 1.5 for project
application s — from — units — of government
located in counties or areas designated by

t-h-e Economic Development

Administration — as — a — "qualified — area"
under the Public Work s and Economic
Development Act of 1965 as amended.
For all other application s , the factor s hall
be 1.25.

"f x 100" 150 is used in the formula to
provide point values for this categorical
element.

Statutory Authority G.S. 159G-10; 159G-15.

SECTION .0800 - PRIORITY REVIEW

PERIODS: ASSIGNMENT OF
PRIORITIES

.0802 ASSIGNMENT OF PRIORITIES

(a) All applications that have been reviewed and
approved by the receiving agency by the date the
receiving agency sets the priority rating for a
priority review period will be assigned a priority
rating according to the applicable criteria set forth
in Sections .0400, .0500, .0600, and .0700 of this
Subchapter. A separate priority rating will be
established for each wastewater and water supply
account in each priority review period.

(b) The receiving agency may exercise its
discretionary authority in the matter of establishing
a priority rating for any project application in
cases wheref

i\) two or more applications receive the

same number of priority points-; ±
{2-) where extreme public necessity exists,

in other unusual circumstances.

Statutory Authority
159G-W; 159G-15.

G.S. 159G-2; 159G-8(c);

.0803 ASSIGNMENT OF CATEGORY TO
WASTEWATER APPLICATIONS

(a) Applications to the General Wastewater
Revolving Loan Account or the High-Unit Cost
Wastewater Account will be assigned a category as
follows, during review of the applications:

(1) All applications for projects that are
under orders or projects whose
receiving waters have been designated
Nutrient Sensitive Waters by the
Environmental Management
Commission, and that have submitted
final project plans and specifications for
review and approval by the receiving
agency, shall be placed in Category 1 .

(2) All applications for projects that are
under orders or projects whose
receiving waters have been designated
Nutrient Sensitive Waters by the
Environmental Management
Commission and that have not
submitted final project plans and
specifications for review and approval
by the receiving agency and all
applications for projects not included in
Category 1 that have submitted final
project plans and specifications for
review and approval by the receiving
agency shall be placed in Category 2.

2231

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March 1, 1994

PROPOSED RULES

(3) All other applications shall be placed in
Category 3.

(b) All applications in Category 1 for a specific
wastewater account will be funded before
applications in Category 2 in the same account.
All applications in Category 2 for a specific
wastewater account will be funded before
applications in Category 3 in the same account.

(c) Proceeds from the statewide bond
referendum authorized by the 1993 S.L. c^. 542, s^.
10 may only be used to fund projects that have
submitted final plans and specifications for review
and approval by the receiving agency.

Statutory Authority G.S. 159G-2; 159G-15.

SECTION .0900 - LOAN AND GRANT

AWARD AND COMMITMENT:

DISBURSEMENT OF

LOANS AND GRANTS

.0901 DETERMINATION OF LOAN AND
GRANT AWARDS

(a) All funds appropriated to each account under
this Subchapter for a fiscal year and all other funds
accruing to each account in the first priority
review period of the fiscal year from loan principal
repayments, interest payments, interest earned on
funds in the account, excess funds not awarded in
the previous priority review period, and any other
source, will be available in the first priority review
period of the fiscal year.

(b) Funds accruing to each account from loan
principal repayments, interest payments, interest
earned on funds in the account, excess funds not
awarded in the previous priority review period,
and any other source, will be available in the
second priority review period of the fiscal year.

(c) If the receiving agency designates more than
two priority review periods in a fiscal year for the
Emergency Wastewater or Waste Water Supply
Revolving Loan Account, any funds accruing to
the account in those periods from any source will
be available in those periods.

(d) Of the funds available at the beginning of a
priority review period in the General Wastewater
and Water Supply Revolving Loan and Grant
Accounts and the Emergency Wastewater and
Water Supply Revolving Loan Accounts, five
percent of each account will be set aside for
potential adjustments under Rule .0903 of this
Subchapter to loans made from each account. Any
funds set aside for this purpose from an account
that are not used to adjust loans during a priority
review period will return to the account in the next

priority review period.

(e) No more than ten percent of the funds
available in a priority review period in the General
Wastewater Revolving Loan and Grant Account,
and no more than three percent of the funds
available in a priority period in the Water Supply
Revolving Loan and Grant Account, will be
awarded as grants in that period.

(f) The funds available in each account in a
given priority review period will be awarded in the
descending order of priority rating and Category as
determined under Sections .0400, .0500, .0600,
.0700, and .0800 of this Subchapter.

(g) Commitment of the loan or grant will be
made upon the acceptance of the award by the
applicant.

(h) If an application is not awarded a loan or
grant in a priority review period because of its
priority rating, the receiving agency will inform
the applicant and will consider the application as a
new application during the next priority review
period. If the application again is not awarded a
loan or grant because of its priority rating, the
receiving agency will inform the applicant and
return the application.

Statutory Authority G.S. 159G-10; 159G-15.

.0904 DISBURSEMENT OF LOANS AND
GRANTS

(a) Disbursement of the total amount of loans
les s than fifty thou s and dollars ($50,000) will be
made upon award of contract. — The loan recipient
will notify 1 the receiving agency of the award of
contract. — The receiving agency will authorize the
loan disbursement upon receipt and review of such
notice loan and grant monies shall be made at
intervals as work progresses and expenses are
incurred. No disbursement shall be made until the
receiving agency receives satisfactory
documentation of incurred costs. At no time shall
disbursement exceed the allowable costs which
have been incurred at that time .

(b) Disbursement of loans of fifty thousand
dollars — ($50,000) or greater will — be made in

installments. The first in s tallment will — be 25

percent of the — loan and — made upon award of
contract; the s econd installment will be 25 percent
of the loan and made upon 20 percent completion
of the project; the third installment will be 25
percent of the loan and made upon 4 5 percent
completion — ef- — the — project; — and the — fourth
installment — w4H — be — made — upon — 70 — p e rc e nt

completion of the project. The applicant will

notify — the — receiving — agency — of the — award — ef

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March 1, 1994

2232

PROPOSED RULES

contract for disbursement of the first in s tallment,
and — w+H — provide — documentation — of percentage

st-

>mpleti

-fef — disbur s ement — of- — tht

project

remaining in s tallments. — Upon receipt and review
of such — notice or documentation, — the receiving
agency will authorize the disbursements. — When
the receiving agency determine s that the full loan
amount i s not required to complete the project, it
may — reduce — ©f — adjust — H+e — fourth — installment
accordingly. Project inspection will confirm work
progress, and a final inspection js required prior to
the final disbursement of loan monies.

(c) Grant disbursements will be made according
to the s ame s chedules and criteria as established
for loans under this Rule. No disbursement shall
be made until the receiving agency receives
documentation of compliance with the verifiable
ten percent goal for participation by minority
businesses in accordance with G.S. 143- 1 28(c).

(d) The receiving agency will notify the Fiscal
Management Office of the Department of
Environment, Health, and Natural Resources to
make loan or grant disbursements. A check in the
amount of the disbursement authorized by the
receiving agency will be written to the loan or
grant recipient by the Fiscal Management Office.
The check will be forwarded to the loan or grant
recipient by the receiving agency.

Statutory Authority G.S. 159G-12; 159G-15.

.0905

PROJECT ADMINISTRATIVE
CLOSEOUT

i cheduk

fe-) The — receiving — agency — w+H — schedule — a

elo s eout session immediately after the scheduled
date — fef — completion — ef — the — actual — date — ef
completion, whichever occurs first.

4h) — If the receiving agency det e rmines the total
disbursements have exceeded project costs by one
percent — e+ — ftve — thou s and — dollars — ($5,000)
(whichever — is — greater), — the — recipient — w+H — be
required — to reimburs e the ov e rpayment — to the
Department of Environment, Health, and Natural

Resource s within 30 day s of notification. T-he

final promi ss ory note will be adju s ted accordingly.

Statutory Authority G.S. 159G-12; 159G-15.

SECTION .1000 - LOAN REPAYMENTS

.1002 RERWMENT OF PRINCIPAL AND
INTEREST ON LOANS

(a) The debt instrument setting the terms and
conditions of repayment of loans under this
Subchapter will be established after the receipt of

bids and after any adjustments are made under
Rules .0903 and .0905 of this Subchapter.

(b) The maximum maturity on any loan under
this Subchapter shall not exceed 20 years.

(c) Interest on the debt instrument will begin to
accrue on the original date the project is scheduled
to be completed, that a project's contracts are
scheduled to be completed. Extensions of this
deadline are not allowed.

fd) A-H — principal — payments — w+H — be — made

annually on or before May 1 . The first principal
payment i s due not earlier than six months after
the original date of scheduled completion of the
project .

fe) (d) All principal and interest payments will
be made semiannually on or before May 1 and
November 1 of each year. The first interest
payment is due not earlier than six months after
the original date of s cheduled completion of the
project. In no case will the first payment be later
than 18 months from the original scheduled
completion date.

{#) {e} All principal and interest payments shall
be made payable to the appropriate account as
specified in the debt instrument.

Statutory Authority G S.
159G-18.

159G-13; 159G-15;

SECTION .1100 - INSPECTION AND AUDIT
OF PROJECTS

,1101 INSPECTION

Inspection of a project to which a loan or grant
has been committed under this Subchapter may be
made to determine the percentage of completion of
the project for installment di s bursements and other
disbursements, and for compliance with all
applicable laws and rules.

Statutory Authority G.S. 159G-14; 159G-15.

[\ otice is hereby given in accordance with G.S.
150B-21.2 that the Department of Environment,
Health, and Natural Resources intends to adopt
rules cited as 15A NCAC 1L .0101 - .0102, .0201
- .0203, .0301 - .0303, .0401, .0501 - .0504,
.0601 - .0605, .0701 - .0703, .0801, .0901 -
.0902, .1001 - .1004, .1101 - .1102, and .1201 -
. 1202.

2233

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NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

1 he proposed effective date of this action is July
1, 1994.

1 he public hearing will be conducted at 2:00
p.m. on March 21, 1994 at the Archdale Building,
Ground Floor Hearing Room, 512 N. Salisbury
Street, Raleigh, NC.

MXeason for Proposed Action: To implement the
1993 Session Laws Chapter 542, Section 10 which
provides $100 million in bond proceeds to be
allocated for use as loans to local units of govern-
ment for the construction of water and wastewater
facilities.

(comment Procedures: Any person or organiza-
tion desiring to make oral comments at the hearing
should register to do so at the hearing. Statements
will be limited to 10 minutes, and one typewritten
copy of any such statement should be submitted to
the panel conducting the hearing. Any additional
comments should be forwarded to the Division of
Environmental Management or Division of Health
Services by March 31 , 1994. The addresses are as
follows:

Division of Environmental Management

Attention: Vega M. George

P. O. Box 29535

Raleigh, NC 27626-0535

Telephone: (919) 733-6900

Division of Environmental Health

Attention: Jerry C. Perkins

P. O. Box 29536

Raleigh, NC 27626-0536

Telephone: (919) 715-3236

tLditor's Note: These Rules have been filed as
temporary adoptions effective March 8, 1994 for
a period of 180 days or until the permanent rules
become effective, whichever is sooner.

CHAPTER 1 - DEPARTMENTAL
RULES

SUBCHAPTER 1L - STATE CLEAN
WATER BOND LOAN PROGRAM

SECTION .0100 - GENERAL PROVISIONS

.0101 PURPOSE

Loans for wastewater treatment systems, waste-
water collection systems, water supply systems and
water conservation projects from the North Caroli-
na Clean Water Bonds Loan Fund established by
the 1993 S.L. c, 542, s, K) shall be made in
accordance with this Subchapter.

Statutory Authority 1993 S.L. c. 542, s. 10.

.0102 DEFECTIONS

In addition to the definitions in S.L. c, 542, s, 3,
the following definitions will apply to this Sub-
chapter:

(1) "Act" means the North Carolina Educa-
tion, Clean Water, and Parks Bond Act
of 1993.

(2) "Award" means the offer by the receiv-
ing agency to enter into a loan commit-
ment for a specified amount.

(3) "Award of contract" means the award by
the loan recipient to a contractor of a
contract to construct the project as bid.

(4) "Bid" means the amount of money for
which a contractor offers to construct the
project.

(5) "Contingency costs" means unforeseen
costs or situations not included in the
estimate of project costs.

(6) "Commitment" means a binding agree-
ment to pay loan funds in installments to
an eligible applicant at some future time.

(7) "Date of completion" means the date on
which the project has been completed, as
determined by the receiving agency.

(8) "Division of Environmental Health "
means the Division of Environmental
Health of the North Carolina Department
of Environment, Health, and Natural
Resources.

(9) "Division of Environmental
Management" means the Division of
Environmental Management of the North
Carolina Department of Environment,
Health, and Natural Resources.

(10) "Effective date of receipt" means
September 30 for applications postmarked
or hand delivered to the principal offices
of the receiving agency in Raleigh, North
Carolina between April i and September
30, and means March 31 for applications
postmarked or hand delivered to the
principal offices of the receiving agency
in Raleigh, North Carolina between
October J_ and March 31.

(11) "Fiscal year" means the state fiscal year.

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NORTH CAROLINA REGISTER

March 1, 1994

2234

PROPOSED RULES

beginning on July I of a calendar year
and ending on June 30 of the following
calendar year. In referring to a specific
fiscal year the year named js the calendar
year in which the fiscal year ends. For
example. Fiscal Year 1994 refers to the
fiscal year beginning July L, 1993 and
ending June 30, 1994.

(12) "Inspection" means inspection or
inspections of a project to determine
percentage completion of the project and
compliance with applicable federal . state
and local laws or rules.

(13) "Orders" means any restrictive measure,
related to the operation of its wastewater
treatment facilities, issued to an applicant
for a loan from the wastewater accounts
under this Subchapter. Such measures
may be included in, but are not restricted
to. Special Orders, Special Orders by
Consent, Judicial Orders, or issued or
proposed permits, permit modifications
or certificates.

(14) "Project" means the works described in
the application for a loan under this
Subchapter.

(15) "Priority period" means priority review
period of January \ to June 30 and July
1 to December 31 of each year.

(16) "Real property" means land and
structures affixed to the land having the
nature of real property or interests in
land including easements or other
rights-of-way purchased or acquired for
water supply and wastewater facilities
and works to be constructed as a part of
the project for which a loan is made
under this Subchapter.

(17) "Regional water supply system " means a
public water supply system of a
municipality, county, sanitary district, or
other political subdivision of the state or
combination thereof which provides, is
intended to provide, or ]s capable of
providing an adequate and safe supply of
water to a substantial portion of the
population within a county, or to a
substantial water service area in a region
composed of all or parts of two or more
counties, or to a metropolitan area in two
or more counties.

(18) "Regional wastewater management
authority" means a unit of government
which has jurisdiction for providing the
wastewater treatment works for three or

more units of government, or which has
responsibility within a facility planning
area to carry out the operation and
maintenance of aU publicly-owned
wastewater treatment works.

(19) "Water Reclamation" means the
production of a high level treated effluent
as a reusable, non-potable water source.

(20) "Water Reuse" means the actual use or
application of treated wastewater in or on
areas which require water but do not
require potable water quality.

Statutory Authority 1993 S.L. c. 542, s. 10.

SECTION .0200 - ELIGIBILITY
REQUIREMENTS

.0201 ELIGIBLE PROJECT COSTS

(a) Project costs eligible for a loan under this
Subchapter are limited to:

(1) the actual costs of the works described
in the project application;

(2) contingency costs, not to exceed ten
percent of the estimated eligible
construction costs for which a loan
award is made under this Subchapter.
Upon receipt of bids, the contingency
costs shall be reduced to not more than
five percent of the actual eligible
construction costs as bid.

(b) Eligible costs do not include recurring
annual expenditures for administration, repairs, or
operation and maintenance of any wastewater
treatment works, wastewater collection system.
water supply system or water conservation
projects. Items not covered or allowed in ffie
definition of "cost" are also excluded.

Statutory Authority 1993 S.L. c. 542, s.10.

.0202 DETERMINATION OF
ELIGIBILITY

(a) Each application for a loan under this
Subchapter will be reviewed by the receiving
agency to determine whether it meets the eligibility
requirements of the Act and this Subchapter.

(b) Each applicant will be notified by the
receiving agency of its eligibility for consideration
for a loan award .

Statutory Authority 1993 S.L. c. 542. s. 10.

2235

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NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

.0203 LIMITATION OF LOANS

The maximum principal amount

of loan

commitment made to any one local government
unit shall be five million dollars ($5,000,000) for
wastewater treatment systems and wastewater
collection systems and three million dollars
($3,000,000) for water supply systems or water
conservation projects.

Statutory Authority 1993 S.L. c. 542, s. 10.

SECTION .0300 - APPLICATIONS

.0301 APPLICATION FILING DEADLINES

The filing deadline for the review period of July
I through December 31 is September 30 of that
year. The filing deadline for the review period of
January 1 through June 30 is March 31 of that
year.

Statutory Authority 1993 S.L. c. 542, s. 10.

.0302 GENERAL PROVISIONS

(a) Applications for loans under this Subchapter
shall be submitted on the appropriate forms and
accompanied by all documentation, assurances and
other information called for in the instructions for
completing and filing applications. Information
concerning any loan or grant funds from any other
source that the applicant has applied for or
received for the project shall be disclosed on the
application.

(b) An applicant shall furnish information in
addition to or supplemental to the information
contained in its application and supporting
documentation upon request by the receiving
agency.

application that does not contain
sufficient to permit the receiving

Statutory Authority 1993 S.L. c. 542, s. 10.

.0303 FILING OF REQUIRED

SUPPLEMENTAL INFORMATION

(a) An environmental assessment for the
proposed project must accompany the required
water supply or wastewater facility plan when
required by the 1993 S.L. c. 542, s. 10.

(b) All applicants must submit an Affidavit of
Publication of the notice of public hearing for the
proposed project and a summary of the comments
received at the hearing.

(c) Any application for wastewater facilities not
accompanied by final plans and specifications by
the date the receiving agency sets the priority
rating for a priority review period shall not be
included in the priority rating for that priority
review period.

(d) Any application for water supply facilities
must be accompanied by a preliminary engineering
report.

(e) Any application that is not accompanied by
an adopted resolution stating that the unit of
government has complied or will substantially
comply with all applicable federal , state and local
laws or rules shall not be included in the priority
rating for that priority review period. Such
resolution shall be certified or attested to as a true
and correct copy as adopted.

£fj If a public hearing is held on an application
by the Department of Environment, Health, and
Natural Resources; the application shall not be
included in the priority rating unless the hearing
process is concluded by the date the receiving
agency sets the priority rating for the priority
review period.

(g) A certification shall be submitted from the
local unit stating whether a petition for vote was
filed within 15 days of the applicant's public

hearing.

(h) A certification stating that the applicant will
be in compliance with verifiable Minority Business
Enterprise goals as stated in G.S. 143-128(c).

agency to review and approve the project by the
date the receiving agency sets the priority rating
for a priority review period shall not be included
in the priority rating for that priority review
period.

(d) An application shall be filed with the Statutory Authority 1993 S.L. c. 542, s. 10

receiving agency before the award of contract on
a project. The award of contract on a project

prior to consideration of the application for a loan
award will not exclude the application from
consideration.

(e) An application may be withdrawn from
consideration upon request of the applicant but if
resubmitted shall be considered as a new
application.

SECTION .0400 - CRITERIA FOR

EVALUATION OF ELIGIBLE

APPLICATIONS

.0401 GENERAL CRITERIA

(a) During the review periods set forth in Rule
.0301 of this Subchapter all eligible applications
shall be assigned a priority. Priorities shall be
assigned by the Environmental Management

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2236

PROPOSED RULES

Commission for applications for projects for
wastewater treatment works and wastewater
collection systems and by the Division of
Environmental Health for applications for projects
for water supply systems and water conservation
projects.

(b) The categorical elements and items to be
considered in assigning priorities to each
application for which loan funds are sought, and
the points to be awarded to each categorical
element and item are set forth in Sections .0500,
.0600, .0700 and .0800 of this Subchapter. Unless
otherwise specifically indicated, if an item for an
element of a particular category applies specifically
to the application under consideration, the
application will be awarded the number of points
assigned to that item for the categorical element;
and if no item applies, no points will be awarded
the application for that particular element.

Statutory Authority 1993 S.L. c. 542, s. 10.

SECTION .0500 - PRIORITY CRITERIA

FOR WASTEWATER TREATMENT

WORKS PROJECTS

.0501 APPLICABLE CONDITIONS

Maximum Value : 55 points:

(1 ) Proposed project will comply with
established water quality standards and
priority points will be assigned on the
basis of the classification assigned to the
receiving waters as follows:
Class "SA" (Shellfish Waters), Class

ia)
id}

"WS I" (Water Supply Source), or
"ORW" (Outstanding Resource Waters)

30 points
Class "WS-II" or "WS-1H". "WS-1V".
or "WS-V" (Water Supply Source)

28 points
Class "B" or "SB" (Bathing Waters)

26 points
Class "C" or "SC" (Fishing)

24 points

(2) Construction of proposed project has
been initiated or must be initiated within
12 months to comply with an order
issued or with a compliance schedule
approved by the Environmental
Management Commission, or by Judicial
Order.

10 points

(3) Proposed project will provide for a
regional wastewater treatment facility.

10 points

(4) Proposed project will provide wastewater
treatment processes for the removal of
nutrients or other materials not normally
removed by conventional treatment
processes.

5 points

Statutory Authority 1993 S.L. c. 542, s. 10.

.0502 FINANCIAL NEED OF APPLICANT

Maximum Value— 15 Points:
(1) The financial need of the applicant will
be determined by the following formula:

Points =_ 50 (Total Bonded Indebtedness
Total Estimated Project Cost)

Total Appraised Property Valuation

"Total bonded indebtedness" includes all

12}

outstanding bonds as of fjie first day of
the quarter [n which the project
application is eligible for consideration
for the assignment of a priority, but shall
not include bonds already authorized or
sold to finance the proposed project.
"Total appraised property valuation"
refers only to real property valuation
based on the most recent appraisal for tax
purposes as officially recorded in the
county or counties in which the service
area of the proposed project is to be
located.

50 is used in the formula to provide point
values for this categorical element.

5 points
The applicant fs located within a county
which has been designated as "distressed"

by the Secretary of
accordance with G.S.

Commerce in
105-130. 40(c),

G.S. 105-151. 17(c)and G.S. 143B-437A.

10 points

Statutory Authority 1993 S.L. c. 542, s. 10.

.0503 FISCAL RESPONSIBILITY OF THE
APPLICANT

Maximum Value-- 10 points:

The value of this Rule will be the sum of the
points assigned to either Item (1) or (2) of this
Rule plus the value assigned to Items (3) and (4) of
this Rule:

(1) Applicant has adopted a sewer use
ordinance which has been approved by

2237

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PROPOSED RULES

12)

the Division of Environmental
Management which will be placed in
effect on or before the completion date of
the proposed project and has established
an equitable schedule of fees and charges
providing that each category of users
shall pay substantially its proportional
part of the total cost of the operation and
which will provide sufficient revenues for
the adequate operation, maintenance and
administration and for reasonable
expansion of the project.

6 points
Applicant is in the process of adopting an
acceptable sewer use ordinance which has
been approved by the Division of
Environmental Management which will
be adopted and placed in effect on or
before the completion date of the pro-
posed project and has established an
equitable schedule of fees and charges
providing that each category of users
shall pay substantially its proportional
part of the total cost of the operation and
which will provide sufficient revenues for
the adequate operation, maintenance and
administration and for reasonable expan-
sion of the project.

2 points
Applicant has established by resolution of
its governing body a capital reserve fund
into which all surplus revenues from such
charges and fees will be placed for the
purposes specified in G.S. 159G-9(4).
(Copy of the resolution must be
submitted with application.)

2 points
The applicant has followed proper
accounting and fiscal reporting
procedures as evidenced by the
applicant's most recent report of audit
and the applicant is in substantial
compliance with provisions of the general
fiscal control laws of the state.

2 points
The Environmental Management Commission may
seek the comments of the Secretary of the Local
Government Commission in determining the values
to be assigned to Items (3) and (4) of this Rule.

Statutory Authority 1993 S.L. c. 542, s. 10.

.0504 PROPERTY ACQUISITION

Maximum Value— 10 points:

All necessary sites, rights-of-way or easements

have been acquired.
shall be submitted

An opinion by title counsel
stating whether or not the

I4J

applicant (or the present owner if only an option
has been obtained) has good and valid title to the
sites, rights-of-way or easements free and clear of
any preexisting deeds of trusts, liens or other
encumbrances.

10 points

Statutory Authority 1993 S.L. c. 542, s. 10.

SECTION .0600 - PRIORITY CRITERIA

FOR WASTEWATER COLLECTION

SYSTEM PROJECTS

.0601 PUBLIC NEED

Select One; Maximum Value--25 points:

(1) Project is intended to improve or expand
an existing system for which adequate
wastewater treatment facilities are:

(a) presently provided,

(b) under construction,

15 points

(2) Project is intended to provide a basic
system for a unit of government which is
not presently served by an approved
system and adequate wastewater
treatment will be provided by:

(a) other public system ,

20 points

(b) applicant.

15 points

25 points
20 points

Statutory Authority 1993 S.L. c. 542, s. 10.

.0602 PUBLIC HEALTH NEED

Maximum Value— 20 points:

Project will eliminate a critical or emerging
public health hazard as certified by the local
Health Department.

20 points

Statutory Authority 1993 S.L. c. 542, s. 10.

.0603 FINANCIAL NEED OF APPLICANT

Maximum Value— 15 Points:

ill

The financial need of the applicant wil
be determined by the following formula:

Points ff. 50 (Total Bonded Indebtedness plus
Total Estimated Project Cost)

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PROPOSED RULES

ill

Total Appraised Property Valuation

"Total bonded indebtedness" includes all
outstanding bonds as of the first day of
the quarter in which the project applica-
tion is eligible for consideration for the
assignment of a priority, but shall not
include bonds already authorized or sold
to finance the proposed project.
"Total appraised property valuation"
refers only to real property valuation
based on the most recent appraisal for tax
purposes as officially recorded in the
county or counties in which the service
area of the proposed project is to be
located.

50 is used in the formula to provide point
values for this categorical element.

5 points
The applicant is located within a county
which has been designated as distressed
by the Secretary of Commerce in accor-
dance with G.S. 105-130.40(c), G.S.
105-151.17(0 and G.S. 143B-437A.

10 points

Statutory Authority 1993 S.L. c. 542,

.0604

10.

FISCAL RESPONSIBILITY OF THE
APPLICANT

Maximum Value-- 10 points:

The value of this Rule will be the sum of the
points assigned to either Item 1_U or i2j of this
Rule plus the value assigned to Items (3) and (4) of
this Rule:

(1) Applicant has adopted a sewer use ordi-
nance which has been approved by the
Division of Environmental Management
which will be placed in effect on or
before the completion date of the pro-
posed project and has established an
equitable schedule of fees and charges
providing t hat each category of users
shall pay substantially its proportional
part of the total cost of the operation and
which will provide sufficient revenues for
the adequate operation, maintenance and
administration and for reasonable expan-
sion of the project.

6 points

(2) Applicant is in the process of adopting an
acceptable sewer use ordinance which has
been approved by the Division of Envi-
ronmental Management which will be
adopted and placed jn effect on or before

the completion date of the proposed
project and has established an equitable
schedule of fees and charges providing
that each category of users shall pay
substantially its proportional part of the
total cost of the operation and which will
provide sufficient revenues for the ade-
quate operation, maintenance and admin-
istration and for reasonable expansion of
the project.

2 points

(3) Applicant has established by resolution of
its governing body a capital reserve fund
into which all surplus revenues from such
charges and fees will be placed for the
purposes specified in G.S. 159G-9(4).
(Copy of the resolution must be submit-
ted with application.)

2 points

(4) The applicant has followed proper ac-
counting and fiscal reporting procedures
as evidenced by the applicant's most
recent report of audit and the applicant is
in substantial compliance with provisions
of the general fiscal control laws of the
state.

2 points
The Environmental Management Commission may
seek the comments of fhe Secretary of the Local
Government Commission in determining the values
to be assigned to Items (3) and (4) of this Rule.

Statutory Authority 1993 S.L. c. 542, s. 10.

.0605 PROPERTY ACQUISITION

Maximum Value— 10 points:

All necessary sites, rights-of-way or easements
have been acquired. An opinion by title counsel
should be submitted stating whether or not the
applicant (or the present owner if only an option
has been obtained) has good and valid title to the
sites, rights-of-way or easements free and clear of
any preexisting deeds of trust, liens or other
encumbrances.

10 points

Statutory Authority 1993 S.L. c. 542, s. 10.

SECTION .0700 - PRIORITY CRITERIA

FOR WATER SUPPLY SYSTEMS

PROJECTS

.0701 PUBLIC NECESSITY, HEALTH,
SAFETY AND WELFARE

Maximum Value--80 points:

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PROPOSED RULES

iej

(1) System and Service Area Needs:
(Maximum Points— 20)

(a) The project is intended to increase the
source of water to meet existing service
area needs or to alleviate water
shortage problems.

12 points

(b) The project is intended to improve an
existing system with no increase in the
area to be

served .

12 points

(d) The project is intended to increase the
existing area to be served and includes
needed improvements to the existing
system .

16 points
The project js intended to significantly
increase the existing area to be served,
includes needed improvements to the
existing system and is so designed as to
permit interconnection at an appropriate
time with an expanding metropolitan,
area-wide or regional system .

20 points
The project is intended to provide for
construction of a basic system for an
area which is not presently served by
an approved public water supply system
and service by an existing system is not
feasible.

20 points

Public Health Need (A maximum of 40

points shall be awarded if more than one

item applies.) The project is intended to

eliminate the following health risks:

(a) Contaminant levels in drinking water

which constitute acute health risks

associated with fecal contamination,

nitrate or nitrite.

Unreasonable risks to
contamination levels in drinking water
as determined by the U.S.
Environmental Protection Agency or
the Environmental Epidemiology
Section of the Department of
Environment, Health, and Natural
Resources.

35 points
(c) Contaminant levels in drinking water

which create chronic health risks.

<£)

121

£b)

40 points
health from

id]

30 points
Inadequate treatment to remove or abate
contaminants associated with acute or

chronic health risks.

30 points

(e) Water shortage or inadequate water

pressure which has the potential to

create a significant risk to public health.

20 points
Notwithstanding other provisions relating to the
assignment of priority point values for various
categorical elements and items, the Division of
Environmental Health may award a higher priority
value to an eligible application if the proposed
project is required to eliminate a demonstrated or
critical hazard to the public health .
(3) Capacity for Future Growth (Select One)
; (Maximum Points— 20):

(a) The project is intended to provide for
the immediate needs.

6 points

(b) The project is intended to provide for
the reasonable growth needs of the area
during the next 5 to 20 year planning
period.

10 points

(c) The project is a proposed regional
system or a major component of a
regional system which is intended to
provide for the reasonable growth needs
of the area to be served during the next
20 or more years.

20 points

Statutory Authority 1993 S.L. c. 542, s. 10.

.0702 PROJECT PLANNING

Maximum Value— 15 points:

The value of this categorical element js the sum
of the points awarded to Item (1) and the points
assigned to Item (2) of this Rule:

(1) The project js compatible with the State
Water Supply Plan and the applicable
local water supply facility plan submitted
under G.S. 143-355(1).

5 points

(2) The project demonstrates planning,
through inter-local agreements leading to
systems of regional water supply.

10 points

Statutory Authority 1993 S.L. c. 542, s. 10.
.0703 FINANCIAL CONSIDERATIONS

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PROPOSED RULES

Maximum Value— 35 Points:

(a)

£c]

L2J

iil

£b)

(Si

Financing of the Project (Select One) -

(Maximum Points— 10):
Applicant has applied for but not
received a commitment for funding
from a federal agency for a portion of
the project costs.

5 points
Applicant has funds available or has
received a commitment for funding
from a federal agency, or bonds have
been authorized to cover project costs
over and above the state grant or loan
funds requested.

10 points
The loan funds requested cover all the
estimated project costs.

10 points

Fiscal Responsibility of the Applicant

(Maximum Points-- 10). The value of this

categorical element shall be the sum of

the points awarded Items [a] to [c] of this

Paragraph:

The applicant has followed proper

accounting and fiscal reporting

procedures as reflected in the

applicant's most recent report of audit,

and the applicant is in substantial

compliance with the provisions of the

general fiscal control laws of the state.

2 points
The applicant water system is fiscally
self-sufficient.

2 points
Estimated revenues will provide funds
for proper future operation,
maintenance and administration,
reasonable expansion of the project and
estimated annual principal and interest
requirements for the project debt plus
annual principal and interest
requirements on the outstanding debt
incurred for existing facilities.

6 points
In determining the points to be awarded
this categorical element, the Division of
Environmental Health may seek the

comments of the Secretary of the Local
Government Commission.
Financial Need of the Applicant
(Maximum Points-- 15). The financial
need of the applicant will be determined
by the following formula:

Points =_ 150 (Total Bonded Indebtedness plus

Total Estimated Project Cost)

Total Appraised Property Valuation

150 is used in the formula to provide
point values for this categorical element.

Statutory Authority 1993 S.L. c. 542, s. 10.

SECTION .0800 - CRITERIA FOR WATER
CONSERVATION

.0801 WATER CONSERVATION

Applicant may receive a maximum of J_5 bonus
points for meeting the following criteria as
applicable:

(1) Applicant demonstrates it has a
continuing infiltration/inflow program in
its wastewater sewer maintenance
program. (Wastewater Projects Only).

5 points

(2) Applicant demonstrates it has a
continuing water loss reduction program
in its water supply system program.
(Water Supply Projects Only).

5 points

(3) Applicant demonstrates it has a
continuing program of water conservation
education and information.

5 points

(4) Applicant demonstrates it has established
a water conservation incentive rate
structure, created incentives for new or
replacement installation of low flow
faucets, showerheads and toilets, or has
a water reclamation or reuse system .

5 points

Statutory- Authorin- 1993 S.L. c. 542, s. 10.

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PROPOSED RULES

SECTION .0900 - PRIORITIES

Statutory Authority 1993 S.L. c. 542, s. 10.

.0901 ASSIGNMENT OF PRIORITIES

(b) The receiving agency may exercise its
discretionary authority in the matter of establishing
a priority rating for any project application in
cases where two or more applications receive the
same number of priority points.

.1002 CERTIFICATION OF ELIGIBILITY

(a) The receiving agency shall create a certifi-
cate of eligibility for each application for which a
loan commitment has been made.

(b) The certificate of eligibility shall indicate
that the applicant meets all eligibility criteria and
that all other requirements of the Act have been
met.

commitment.

Statutory Authority 1993 S.L. c. 542, s. 10.

.0902 ASSIGNMENT OF CATEGORY

TO WASTEWATER APPLICATIONS

(a) Applications to the Wastewater Loan Ac-
count will be assigned a category as follows,
during review of the applications:

(1) All applications for projects that are
under orders or projects whose receiv-
ing waters have been designated Nutri-
ent Sensitive Waters by the Environ-
mental Management Commission shall
be placed in Category J_^

(2) All other applications shall be placed in
Category 2.

(b) All applications in Category \_ for a specific
wastewater account will be funded before applica-
tions in Category 2^

Statutory Authority 1993 S.L. c. 542, s. 10.

SECTION .1000 - LOAN AWARD,
COMMITMENT, AND DISBURSEMENT

.1001 DETERMINATION OF AWARD

(a) The funds available in each account in a
given priority review period will be awarded in the
descending order of priority rating and Category as
determined under Sections .0500, .0600, .0700,
.0800 and .0900 of this Subchapter.

(b) If an application is not awarded a loan in a
priority review period because of jts priority
rating, the receiving agency will inform the appli-
cant and will consider the application as a new
application during the next priority review period.
If the application again is not awarded a loan or
grant because of jts priority rating, the receiving
agency will inform the applicant and return the
application.

.1003 CRITERIA FOR LOAN
ADJUSTMENTS

Upon receipt of bids, a loan commitment may be
adjusted as follows:

(1) The loan commitment may be decreased,
provided the project cost as bid js less
than the estimated project cost, and the
receiving agency approves the loan com-
mitment decrease.

(2) Loan commitments may be increased, by
a maximum of five hundred thousand
dollars ($500,000.00) provided: the
project cost as bid is greater than the
estimated project cost; the project as bid
is in accordance with the project for
which the loan commitment was made:
the receiving agency has reviewed the
bids and determined that substantial cost
savings would not be available through
project revisions without jeopardizing the
integrity of the project; and a dequate
funds are available.

(3) Increases greater than 10 percent of the
loan commitment shall be approved by
the Local Government Commission and
the Environmental Management Commis-
sion or the Division of Environmental
Health, as applicable.

Statutory Authority 1993 S.L. c. 542, s. 10.

.1004 DISBURSEMENT OF LOANS

(a) Disbursement of loan monies shall be made
at intervals as work progresses and expenses are
incurred. No disbursement shall be made until the
receiving agency receives documentation of in-
curred costs. At no time shall disbursement
exceed the allowable costs which have been in-
curred at that time.

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PROPOSED RULES

(b) Project inspection will confirm work
progress, and a final inspection is required prior to
the final disbursement of loan monies.

(c) No disbursement shall be made until the
receiving agency receives documentation of
compliance with the verifiable 10 percent goal for
participation by minority businesses in accordance
with G.S. 143-128(c).

(d) The receiving agency will notify' the Fiscal
Management Office of the Department of Environ-
ment. Health, and Natural Resources to make loan
disbursements. A check in the amount of the
disbursement authorized by the receiving agency
will be written to the recipient by the Fiscal
Management Office. The check will be forwarded
to the recipient by the receiving agency.

Statutory Authority 1993 S.L. c. 542, s.W.

SECTION .1100 - LOAN REPAYMENTS

.1101 INTEREST RATES

The interest rate to be charged on loans under
this Subchapter will be set by the Department of
State Treasurer.

Statutory Authority 1993 S.L. c. 542, s. 10.

.1102 REPAYMENT OF PRLNCIPAL AND
EVEREST ON LOANS

(a) The debt instrument setting the terms and
conditions of repayment of loans under this Sub-
chapter will be established after the receipt of bids
and after any adjustments are made under Rule
.1003 of this Subchapter.

(~b) The maximum maturity on any loan under
this Subchapter shall not exceed 20 years.

(d) All principal and interest payments will be
made semiannually on or before May 1 and No-
vember I of each year. The first payment is due
not earlier than six months after the date of com-
pletion of the project. In no case will the first
payment be later than 18 months from the original
scheduled completion date.

(e) All principal and interest payments shall be
made payable to the appropriate account as speci-
fied in the debt instrument.

Statutory Authority 1993 S.L. c. 542, s. 10.

SECTION .1200 - LNSPECTION .AND AUDIT

.1201 INSPECTION

Inspection of a project to which a loan has been
committed under this Subchapter may be made to
determine the percentage of completion of the
project for disbursements, conformance with
approved plans and specifications, and for compli-
ance with all applicable laws and rules.

Statutory Authority 1993 S.L. c. 542, s. 10.

.1202 AUDIT OF PROJECTS

(a) Loan recipients are required to maintain
project accounts in accordance with generally
accepted government accounting standards.

(b) All projects to which a loan has been com-
mitted under this Chapter will be audited in accor-
dance with G.S. 159-34.

Statutory Authority 1993 S.L. c. 542, s. 10.
******************

IS otic e is hereby given in accordance with G.S.
150B-21.2 that the Environmental Management
Commission intends to adopt rules cited as 15A
NCAC2D .0805. .0806, .1109; 2Q .0101 - .0111.
.0201 - .0207, .0301 -.0311, .0401 - .0418, .0501
- .0524. .0601 - .0606; amend rules cited as 15A
NCAC 2D .0101, .0501, .0503, .0524. .0525,
.0530 - .0533, .0601, .0801 - .0804 and repeal
rules cited as ISA NCAC 2H .0601 - .0607 and
.0609.

1 he proposed effective date of this action is July
14, 1994.

1 he public hearing will be conducted at 7:00
p.m. on March 21, 1994 at EHNR, 512 North
Salisbury Street, Archdale Bldg/Groundfloor
Hearing Room, Raleigh, NC.

Ixeason for Proposed Action; To correct a
hearing procedural deficiency by reconsidering
recodification of current permit rules, adoption of
permit rules to meet the requirements of Title IV
and V of the federal Clean Air Act, adoption of
new permit fee schedules, and rexision of transpor-
tation facility (complex source) rules in light of a
local fiscal note.

L^onvnent Procedures: All persons interested in
these matters are invited to attend the public

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PROPOSED RULES

hearing. Any person desiring to comment for
more than three minutes is requested to submit a
written statement for inclusion in the record of
proceedings at the public hearing. The hearing
officer may limit oral presentation lengths to five
minutes if many people want to speak. The Envi-
ronmental Management Commission (EMC) seeks
comments in light of the local fiscal note. The
hearing records will be closed at the end of the
public hearing. Comments should be sent to and
additional information concerning the hearings or
the proposals may be obtained by contacting: Mr.
Thomas C. Allen, Division of Environmental
Management. P.O. Box 29535, Raleigh, NC
27626-0535, (919) 733-1489.

1 hese Rules affect the expenditures or revenues
of local funds. A fiscal not was submitted to the
Fiscal Research Division on February 2, 1994,
OSBM on February 4, 1994, N.C. League of
Municipalities on February 2, 1994, and N.C.
Association of County Commissioners on Febru-
ary 2, 1994.

tLditor's Note: These Rules (with the exception
ofl5A NCAC 2H .0609) were filed as temporary
rules effective March 8, 1994 for a period of 180
days or until the permanent rules become effec-
tive, whichever is sooner.

CHAPTER 2
ENVIRONMENTAL MANAGEMENT

SUBCHAPTER 2D - AIR POLLUTION
CONTROL REQUIREMENTS

SECTION .0100 - GENERAL PROVISIONS

.0101 DEFINITIONS

The definition of any word or phrase used in
R e gulations Rules of this Subchapter is the same as
given in Article 21, Chapter 143 of the General
Statutes of North Carolina, as amended. The
following words and phrases, which are not de-
fined in the article, have the following meaning:

(1) "Act" means "The North Carolina Water
and Air Resources Act."

(2) "Air pollutant" means an air pollution
agent or combination of such agents,
including any physical, chemical, biologi-
cal, radiative substance or matter which
is emitted into or otherwise enters the
ambient air particulate — matt e r, — dust,

fumes, gas, mi s t, s moke, vapor, or any
other air contaminant. — Water vapor is
not consid e red an air pollutant .

(3) "Ambient air" means that portion of the
atmosphere outside of buildings and other
enclosed structures, stacks or ducts, and
which surrounds human, animal or plant
life, or property.

(4) "Approved" means approved by the
Director of the Division of Environmen-
tal Management.

(5) "Capture system" means the equipment
(including hoods, ducts, fans, etc.) used
to contain, capture, or transport a pollut-
ant to a control device.

(6) "CFR" means "Code of Federal Regula-
tions."

(7) "Combustible material" means any sub-
stance which, when ignited, will burn in
air.

(8) "Construction" means change in method
of operation or any physical change,
including on-site fabrication, erection,
installation, change in method of opera
tion, replacement, demolition, or modifi-
cation of a source , that results in a
change in emissions or affects the com-
pliance status of a facility, source, or air
pollution control equipment .

(9) "Control device" means equipment (fume
incinerator, adsorber, absorber, scrubber,
filtermedia, cyclone, electrostatic
precipitator, or the like) used to destroy
or remove air pollutant(s) prior to
discharge to the ambient air.

(10) "Day" means a 24-hour period beginning
at midnight.

(11) "Director" means the Director of the
Division of Environmental Management
unless otherwise specified.

(12) "DustfaH" means particulate matter which
settles out of the air and is expressed in
units of grams per square meter per
30-day period.

(13) "Emission" means the release or
discharge, whether directly or indirectly,
of any air pollutant into the ambient air
from any source.

(14) "Facility" means all of the pollutant
emitting activities that are located on one
or more contiguous or adjacent properties
and that arc under the control of the same
person or per s on s under common control.

(15) "FR" means Federal Register.

(16) "Fugitive emission" means those

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March 1, 1994

2244

PROPOSED RULES

emissions which could not reasonably
pass through a stack, chimney, vent, or
other functionally equivalent opening. (28)

(17) "Fuel burning equipment" means
equipment whose primary purpose is the
production of energy or power from the
combustion of any fuel. The equipment
is generally used for, but not limited to,

heating water, generating or circulating (29)

steam, heating air as in warm air furnace,

or furnishing process heat by transferring (30)

energy by fluids or through process

vessel walls.

(18) "Garbage" means any animal and (31)
vegetable waste resulting from the

handling, preparation, cooking and
serving of food.

(19) "Incinerator" means a device designed to

burn solid, liquid, or gaseous waste (32)

material.

(20) "Opacity" means that property of a
substance tending to obscure vision and is
measured in terms of percent
obscuration.

(21) "Open burning" means any fire whose (33)
products of combustion are emitted

directly into the outdoor atmosphere
without passing through a stack or
chimney, approved incinerator, or other
similar device.

(22) "Owner or operator" means any person (34)
who owns, leases, operates, controls, or
supervises a facility, source, or air (a)
pollution control equipment.

(23) "Particulate matter" means any material
except uncombined water that exists in a
finely divided form as a liquid or solid at
standard conditions.

(24) "Particulate matter emissions" means all

finely divided solid or liquid material. (b)

other than uncombined water, emitted to

the ambient air as measured by methods

specified in this Subchapter. (c)

(25) "Permitted" means any source subject to

a permit under this Subchapter or Section (35)

15 NCAC 2H .0600 Subchapter 15A
NCAC 20.

(26) "Person" means any individual,
partnership. co-partnership, firm,
company, corporation, association, joint

stock company, trust, estate, political (36)

subdivision, or any other legal entity, or
its legal representative, agent or assigns.

(27) "PM10" means particulate matter with an
aerodynamic diameter less than or equal

to a nominal 10 micrometers as measured
by methods specified in this Subchapter.
"PM10 emissions" means finely divided
solid or liquid material, with an aerody-
namic diameter less than or equal to a
nominal 10 micrometers emitted to the
ambient air as measured by methods
specified in this Subchapter.
"Refuse" means any garbage, rubbish, or
trade waste.

"Rubbish" means solid or liquid wastes
from residences, commercial establish-
ments, or institutions.
"Rural area" means an area which is
primarily devoted to, but not necessarily
limited to, the following uses: agricul-
ture, recreation, wildlife management.
state park, or any area of natural cover.
"Salvage operation" means any business,
trade, or industry engaged in whole or in
part in salvaging or reclaiming any prod-
uct or material, including, but not limited
to, metal, chemicals, motor vehicles,
shipping containers, or drums.
"Smoke" means small gas-borne particles
resulting from incomplete combustion,
consisting predominantly of carbon, ash,
and other burned or unburned residue of
combustible materials that form a visible
plume.

"Smoke density measuring device"
means:
Ringelmann Chart which is the chart
published by the U.S. Bureau of Mines
and described in their information
Circular 8333 and on which are illus-
trated graduated shades of grey to black
for use in estimating the light obscuring
capacity of smoke;

the pocket size Ringelmann Chart and
other adaptations commonly used by
trained smoke inspectors;
other equivalent standards approved by
the commis s ion Commission .
"Source" means any stationary article,
machine, process equipment, or other
contrivance.! or combination thereof, or
any tank-truck, trailer or railroad tank
car from which air pollutants emanate or
are emitted, either directly or indirectly.
"Sulfur oxides" means sulfur dioxide,
sulfur trioxide, their acids and the salts of
their acids. The concentration of sulfur
dioxide is measured by the methods
specified in this Subchapter.

2245

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PROPOSED RULES

(37) "Total suspended particulate" means any gaseous waste materials or rubbish resulting from
finely divided solid or liquid material, combustion, salvage operations, building opera-
except water in uncombined form, that is tions, or the operation of any business, trade, or
or has been airborne as measured by industry including, but not limited to, plastic
methods specified in this Subchapter. products, paper, wood, glass, metal, paint, grease,

(38) "Trade wastes" means all solid, liquid, or oil and other petroleum products, chemicals, and

ashes.
(39) "ug" means micrograms.

Statutory Authority G. S. 143-215. 3(a)(1); 143-213.
SECTION .0500 - EMISSION CONTROL STANDARDS

.0501 COMPLIANCE WITH EMISSION CONTROL STANDARDS

(a) Purpose and Scope. The purpose of this Regulation Rule is to assure orderly compliance with
emission control standards found in this Section. This Regulation Rule shall apply to all air pollution
sources, both combustion and non-combustion.

(b) In determining compliance with emission control standards, means shall be provided by the owner to
allow periodic sampling and measuring of emission rates, including necessary ports, scaffolding and power
to operate sampling equipment; and upon the request of the Division of Environmental Management, data
on rates of emissions shall be supplied by the owner.

(c) Testing to determine compliance shall be in accordance with the following procedures, except as may
be otherwise required in Regulations Rules .0524, .0525, and .0604 of this Subchapter.

(1) Method 1 of Appendix A of 40 CFR Part 60 shall be used to select a suitable site and the
appropriate number of test points for the following situations:

(A) particulate testing,

(B) velocity and/or and volume flow rate measurements;

(D) any sampling for which velocity and/or and volume flow rate measurements are necessary for
computing final test results, and

(E) any sampling which involves a sampling method which specifies isokinetic sampling.
(Isokinetic sampling is sampling in which the velocity of the gas at the point of entry into the
sampling nozzle is equal to the velocity adjacent to the nozzle.)

Method 1 shall be applied as written with the following clarifications: Testing installations with
multiple breechings can be accomplished by testing the discharge stack(s) to which the multiple
breechings exhaust. If the multiple breechings are individually tested, then Method 1 shall be
applied to each breeching individually. If test ports in a duct are located less than two diameters
downstream from any disturbance (fen, elbow, change in diameter, or any other physical feature
that may disturb the gas flow) or one-half diameter upstream from any disturbance, the
acceptability of the test location shall be subject to the approval of the director Director , or his
designee.

(2) Method 2 of Appendix A of 40 CFR Part 60 shall be applied as written and used concurrently
with any test method in which velocity and/or and volume flow rate measurements are required.

(3) Sampling procedures for determining compliance with particulate emission control standards shall
be in accordance with Method 5 of Appendix A of 40 CFR Part 60. Method 17 of Appendix
A of 40 CFR Part 60 may be used instead of Method 5 provided that the stack gas temperature
does not exceed 320° F. The minimum time per test point for particulate testing shall be two
minutes and the minimum time per test run shall be one hour. The sample gas drawn during
each test run shall be at least 30 cubic feet. A number of sources are known to emit organic
material (oil, pitch, plasticizers, etc.) which exist as finely divided liquid droplets at ambient
conditions. These materials cannot be satisfactorily collected by means of the above Method 5.
In these cases the commission Commission will reserve the option to may require the use of
Method 5 as proposed on August 17, 1971, in the Federal Register, Volume 36, Number 159.

(4) The procedures for determining compliance with sulfur dioxide emission control standards for
fuel burning sources may be either by determining sulfur content with fuel analysis or by stack
sampling. Combustion sources choosing to demonstrate compliance through stack sampling shall

8:23 NORTH CAROLINA REGISTER March 1, 1994 2246

PROPOSED RULES

follow procedures described in Method 6 of Appendix A of 40 CFR Part 60. If a source chooses
to demonstrate compliance by analysis of sulfur in fuel, sampling, preparation, and analysis of
fuels shall be in accordance with the following American Society of Testing and Materials
(ASTM) methods:

(A) coal:

(i) sampling-ASTM Method D 2234-82;

(ii) preparation-ASTM Method D 2013-72;

(iii) gross calorific value (BTU)-ASTM Method D 2015-85;

(iv) moisture content-ASTM Method D 3173-85;

(v) sulfur content-ASTM Method D 3177-84 or ASTM Method D 4239-85;

(B) oil:

(i) sampling— A sample shall be collected at the pipeline inlet to the fuel burning unit after
sufficient fuel has been drained from the line to remove all fuel that may have been
standing in the line;

(ii) heat of combustion (BTU)-ASTM Method D 240-85;

(iii) sulfur content-ASTM Method D 129-64 (reapproved 1978).

The sulfur content and BTU content of the fuel shall be reported on a dry basis. When the test
methods described in Parts (A) or (B) of this Subparagraph are used to demonstrate that the
ambient air quality standards for sulfur dioxide are being protected, the sulfur content shall be
determined at least once per year from a composite of at least three or 24 samples taken at equal
time intervals from the fuel being burned over a three-hour or 24-hour period, respectively,
whichever is the time period for which the ambient standard is most likely to be exceeded; this
requirement shall not apply to sources that are only using fuel analysis in place of continuous
monitoring to meet the requirements of Section .0600 of this Subchapter.

(5) Sulfuric acid manufacturing plants and spodumene ore roasting plants shall demonstrate
compliance with Regulations Rules .0517 and .0527, respectively, of this Section by using
Method 8 of Appendix A of 40 CFR Part 60.

(6) All other industrial processes emitting sulfur dioxide shall demonstrate compliance by sampling
procedures described in Method 6 of Appendix A of 40 CFR Part 60.

(7) Sampling procedures to demonstrate compliance with emission standards for nitrogen oxides shall
be in accordance with the procedures set forth in Method 7 of Appendix A of 40 CFR Part 60.

(8) Method 9 of Appendix A of 40 CFR 60 shall be used when opacity is determined by visual
observation.

(9) Notwithstanding the stated applicability to new source performance standards or primary
aluminum plants, the procedures to be used to determine fluoride emissions are:

(A) for sampling emissions from stacks. Method 13A or 13B of Appendix A of 40 CFR Part 60.

(B) for sampling emissions from roof monitors not employing stacks or pollutant collection systems.
Method 14 of Appendix A of 40 CFR Part 60, and

(C) for sampling emissions from roof monitors not employing stacks but equipped with pollutant
collection systems, the procedure under 40 CFR 60.8(b), except that the Director of the
Division of Environmental Management shall be substituted for the administrator.

(10) Emissions of total reduced sulfur shall be measured by the test procedure described in Method
16 of Appendix A of 40 CFR Part 60 or Method 16A of Appendix A of 40 CFR Part 60.

(11) Emissions of mercury shall be measured by the test procedure described in Method 101 or 102
of Appendix B of 40 CFR Part 61 .

(12) Each test (excluding fuel samples) shall consist of three repetitions or runs of the applicable test
method. For the purpose of determining compliance with an applicable emission standard the
average of results of all repetitions shall apply.

(13) In conjunction with performing certain test methods prescribed in this Regulation Rule , the
determination of the fraction of carbon dioxide, oxygen, carbon monoxide and nitrogen in the
gas being sampled is necessary to determine the molecular weight of the gas being sampled.
Collecting a sample for this purpose shall be done in accordance with Method 3 of Appendix A
of 40 CFR Part 60:

(A) The grab sample technique may also be used with instruments such as Bacharach Fyrite (trade
name) with the following restrictions:

2247 8:23 NORTH CAROLINA REGISTER March 1, 1994

PROPOSED RULES

(i) Instruments such as the Bacharach Fyrite (trade name) may only be used for the

measurement of carbon dioxide,
(ii) Repeated samples shall be taken during the emission test run to account for variations in
the carbon dioxide concentration. No less than four samples shall be taken during a
one-hour test run, but as many as necessary shall be taken to produce a reliable average,
(iii) The total concentration of gases other than carbon dioxide, oxygen and nitrogen shall be
less than one percent.
(B) For fuel burning sources, concentrations of oxygen and nitrogen may be calculated from
combustion relations for various fuels.

(14) For those processes for which the allowable emission rate is determined by the production rate,
provisions shall be made for controlling and measuring the production rate. The source shall be
responsible for ensuring, within the limits of practicality, that the equipment or process being
tested is operated at or near its maximum normal production rate or at a lesser rate if specified
by the director Director or his delegate. The individual conducting the emission test shall be
responsible for including with his test results, data which accurately represent the production rate
during the test.

(15) Emission rates for wood or fuel burning sources which are expressed in units of pounds per
million BTU shall be determined by the "Oxygen Based F Factor Procedure" described in 40
CFR Part 60, Appendix A, Method 19, Section 5. Other procedures described in Method 19
may be used subject to the approval of the Director, Division of Environmental Management.
To provide data of sufficient accuracy to use with the F-fector methods, an integrated (bag)
sample shall be taken for the duration of each test run. In the case of simultaneous testing of
multiple ducts, there shall be a separate bag for each sampling train. The bag sample shall be
analyzed with an Orsat analyzer in accordance with Method 3 of Appendix A of 40 CFR Part
60. (The number of analyses and the tolerance between analyses are specified in Method 3.)
The specifications indicated in Method 3 for the construction and operation of the bag sampling
apparatus shall be followed.

(16) Particulate testing on steam generators that utilize soot blowing as a routine means for cleaning
heat transfer surfaces shall be conducted so that the contribution of the soot blowing is
represented as follows:

(A) If the soot blowing periods are expected to represent less than 50 percent of the total particulate
emissions, one of the test runs shall include a soot blowing cycle.

(B) If the soot blowing periods are expected to represent more than 50 percent of the total
particulate emissions then two of the test runs shall each include a soot blowing cycle.

Under no circumstances shall all three test runs include soot blowing. The average emission rate
of particulate matter is calculated by the equation:

E AVG = E s S(A + B) + E N , R__S - BS ,
AR R AR

E AV0 equals the average emission rate in pounds per million Btu for daily operating time. E s
equals the average emission rate in pounds per million Btu of sample(s) containing soot blowing.
E N equals the average emission rate in pounds per million Btu of sample(s) with no soot blowing.
A equals hours of soot blowing during sample(s). B equals hours without soot blowing during
sample(s) containing sootblowing. R equals average hours of operation per 24 hours. S equals
average hours of soot blowing per 24 hours. If large changes in boiler load or stack flow rate
occur during soot blowing, other methods of prorating the emission rate may be considered more
appropriate; for these tests the Director or his designee may approve an alternate method of
prorating.

(17) Emissions of volatile organic compounds shall be measured by the appropriate test procedure in
Section .0900 of this Subchapter.

(18) Upon prior approval by the Director or his delegate, test procedures different from those
described in this R e gulation Rule may be used if they will provide equivalent or more reliable
results . Furthermore, the Director or his delegate ha s th e option to may prescribe alternate test
procedures on an individual basis when he considers that the action is necessary to secure reliable
test data. In the case of sources for which no test method is named, the Director or his delegate

8:23 NORTH CAROLINA REGISTER March 1, 1994 2248

PROPOSED RULES

may has the authority to prescribe or approve methods on an individual basis.

(d) All existing sources of emission shall comply with applicable regulations and standards at the earliest
possible date. All new sources shall be in compliance prior to beginning operations.

(e) In addition to any control or manner of operation necessary to meet emission standards in this Section,
any source of air pollution shall be operated with such control or in such manner that the source shall not
cause the ambient air quality standards of Section .0400 of this Subchapter to be exceeded at any point
beyond the premises on which the source is located. When controls more stringent than named in the
applicable emission standards in this Section are required to prevent violation of the ambient air quality
standards or are required to create an offset, the permit shall contain a condition requiring these controls.

(f) The Bubble Concept. A facility with multiple emission sources or multiple facilities within the same
area may choose to meet the total emission limitation for a given pollutant through a different mix of
controls than that required by the regulations rules in this Section or Section 0900 of this Subchapter.

( 1 ) In order for this mix of alternative controls to be permitted the director Director shall determine
that the following conditions are met:

(A) Sources to which Regulations Rules .0524, .0525, .0530, and .0531 of this Section, the federal
New Source Performance Standards (NSPS), the federal National Emission Standards for
Hazardous Air Pollutants (NESHAPS), regulations established pursuant to Section 111 (d) of
the federal Clean Air Act, or state or federal Prevention of Significant Deterioration (PSD)
requirements apply, will have emissions no larger than if there were not an alternative mix of
controls;

(B) The facility (or facilities) is located in an attainment area or an unclassified area or in an area
that has been demonstrated to be attainment by the statutory deadlines (with reasonable further
progress toward attainment) for those pollutants being considered;

(C) All of the emission sources affected by the alternative mix are in compliance with applicable
regulations or are in compliance with established compliance agreements; and

(D) The review of an application for the proposed mix of alternative controls and the enforcement
of any resulting permit will not require excessive expenditures on the part of the State in excess
of five times that which would otherwise be required .

(2) The owner(s) or operator(s) of the facility (facilities) shall demonstrate to the satisfaction of the
director Director that the alternative mix of controls is equivalent in total allowed emissions,
reliability, enforceability, and environmental impact to the aggregate of the otherwise applicable
individual emission standards; and

(A) that the alternative mix approach does not interfere with attainment and maintenance of ambient
air quality standards and does not interfere with the PSD program; this demonstration shall
include modeled calculations of the amount, if any, of PSD increment consumed or created;

(B) that the alternative mix approach conforms with reasonable further progress requirements in
any nonattainment area;

(D) that the pollutants controlled under the alternative mix approach are of the same criteria
pollutant categories, except that emissions of some criteria pollutants used in alternative
emission control strategies are subject to the limitations as defined in 44 FR 71784 (December
11, 1979), Subdivision D. l.c.ii. The Federal Register referenced in this Part js hereby
incorporated by reference and does not include subsequent amendments or editions.

The demonstrations of equivalence shall be performed with at least the same level of detail as
The North Carolina State Implementation plan for Air Quality demonstration of attainment for
the area in question. Moreover, if the facility involves another facility in the alternative strategy,
it shall complete a modeling demonstration to ensure that air quality is protected. Demonstra-
tions of equivalency shall also take into account differences in the level of reliability of the
control measures or other uncertainties.

(3) The emission rate limitations or control techniques of each source within the facility (facilities)
subjected to the alternative mix of controls shall be specified in the facility's (facilities')
permits(s).

(4) Compliance schedules and enforcement actions shall not be affected because an application for
an alternative mix of controls is being prepared or is being reviewed.

2249 8:23 NORTH CAROLINA REGISTER March 1, 1994

PROPOSED RULES

(5) The director Director may waive or reduce requirements in this Paragraph up to the extent

allowed by the Emissions Trading Policy Statement published in the Federal Register of April

7, 1982, pages 15076-15086, provided that the analysis required by 15 NCAC 2H .0603(g)(1)

Paragraph (g) of this Rule shall support any waiver or reduction of requirements. The Federal

subsequent amendments or editions.

(g) In a permit application for an alternative mix of controls under Paragraph (f) of this Rule, the owner

or operator of the facility shall demonstrate to the satisfaction of the Director that the proposal ]s equivalent

to the existing requirements of the SIP in total allowed emissions, enforceability, reliability, and

environmental impact. The Director shall provide for public notice with an opportunity for a request for

public hearing following the procedures under 15A NCAC 2Q .0300 or .0500, as applicable. If and when

a permit containing these conditions is issued, it will become a part of the SIP as an appendix available for

inspection at the department's regional offices. Until the U.S. Environmental Protection Agency (EPA)

approves the SIP revision embodying the permit containing an alternative mix of controls, the facility shall

continue to meet the otherwise applicable existing SIP requirements. The revision will be approved by EPA

on the basis of the revision's consistency with EPA's "Policy for Alternative Emission Reduction Options

Within State Implementation Plans" as promulgated in the Federal Register of December 1 1, 1989, pages

71780-71788, and subsequent rulings.

(h) The referenced ASTM test methods in this Rule are hereby incorporated by reference and includes
subsequent amendments and editions. Copies of referenced ASTM test methods or Federal Registers may
be obtained from the Division of Environmental Management, P.O. Box 29535, Raleigh, North Carolina
27626-0535 at a cost often cents ($0.10) per page.

Statutory Authority G.S. 143-215. 3(a)(1); 143-215. 107(a)(5).

.0503 PARTICULATES FROM FUEL BURNING INDIRECT HEAT EXCHANGERS

(a) With the exceptions in Rule .0536 of this Section, emissions of particulate matter from the combustion
of a fuel that are discharged from any stack or chimney into the atmosphere shall not exceed:

Maximum Heat Input In

Millon BTU/Hour
Up to and Including 10
100
1,000
10.000 and Greater

Allowable Emission Limit
For Particulate Matter
In Lb/Million BTU
0.60
0.33
0.18
0.10

For a heat input between any two consecutive heat inputs stated in the preceding table, the allowable
emissions of particulate matter shall be calculated by the equation E= 1 .090 times Q to the -0.2594 power.
E = allowable emission limit for particulate matter in lb/million BTU. = maximum heat input in million
BTU/hour.

(b) This Rule applies to installations in which fuel is burned for the purpose of producing heat or power
by indirect heat transfer. Fuels include those such as coal, coke, lignite, peat, natural gas, and fuel oils,
but exclude wood and refuse not burned as a fuel. When any refuse, products, or by-products of a
manufacturing process are burned as a fuel rather than refuse, or in conjunction with any fuel, this allowable
emission limit shall apply.

(c) For the purpose of this Rule, the maximum heat input shall be the total heat content of all fuels which
are burned in a fuel burning indirect heat exchanger, of which the combustion products are emitted through
a stack or stacks. The sum of maximum heat input of all fuel burning indirect heat exchangers at a plant
site which are in operation, under construction, or permitted pursuant to Section 15A NCAC 2H .0600
Subchapter 15A NCAC 2Q , shall be considered as the total heat input for the puipose of determining the
allowable emission limit for particulate matter for each fuel burning indirect heat exchanger. Fuel burning
indirect heat exchangers constructed or permitted after February 1, 1983, shall not change the allowable
emission limit of any fuel burning indirect heat exchanger whose allowable emission limit has previously
been set. The removal of a fuel burning indirect heat exchanger shall not change the allowable emission

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2250

PROPOSED RULES

limit of any fuel burning indirect heat exchanger whose allowable emission limit has previously been
established. However, for any fuel burning indirect heat exchanger constructed after, or in conjunction
with, the removal of another fuel burning indirect heat exchanger at the plant site, the maximum heat input
of the removed fuel burning indirect heat exchanger shall no longer be considered in the determination of
the allowable emission limit of any fuel burning indirect heat exchanger constructed after or in conjunction
with the removal. For the purposes of this Paragraph, refuse not burned as a fuel and wood shall not be
considered a fuel. For residential facilities or institutions (such as military and educational) whose primary
fuel burning capacity is for comfort heat, only those fuel burning indirect heat exchangers located in the
same power plant or building or otherwise physically interconnected (such as common flues, steam, or
power distribution line) shall be used to determine the total heat input.

(d) The emission limit for fuel burning equipment that burns both wood and other fuels in combination,
or for wood and other fuel burning equipment that is operated such that emissions are measured on a
combined basis, shall be calculated by the equation Ec = [(EW) (Qw) + (Eo) (Qo)] /Qt.

(1) Ec = the emission limit for combination or combined emission source(s) in lb/million BTU.

(2) Ew = plant site emission limit for wood only as determined by Regulation Rule .0504 of this
Section in lb/million BTU.

(3) Eo = the plant site emission limit for other fuels only as determined by Paragraphs (a), (b) and
(c) of this Regulation Rule in lb/million BTU.

(4) Qw = the actual wood heat input to the combination or combined emission source(s) in BTU/hr.

(5) Qo = the actual other fuels heat input to the combination or combined emission source(s) in
BTU/hr.

(6) Qt = Qw + Qo and is the actual total heat input to combination or combined emission source(s)
in BTU/hr.

Statutory Authority G.S. 1 43-215. 3(a)(1); 143-215. 107(a)(5);

.0524 NEW SOURCE PERFORMANCE
STANDARDS

(a) Sources of the following types when subject
to new source performance standards promulgated
in 40 CFR Part 60 shall comply with the emission
standards, monitoring and reporting requirements,
maintenance requirements, notification and record
keeping requirements, performance test require-
ments, test method and procedure provisions, and
any other provisions, as required therein, rather
than with any otherwise-applicable Rule in this
Section which would be in conflict therewith.
New sources of volatile organic compounds that
are located in Davidson, Durham, Forsyth,
Gaston, Guilford, Mecklenburg, or Wake
Counties, Dutchville Township in Granville
County, or that part of Davie County bounded by
the Yadkin River, Dutchmans Creek, North
Carolina Highway 801, Fulton Creek, and back to
the Yadkin River shall comply with the following
requirements, as well as with any applicable
requirements in Section .0900 of this Subchapter:

( 1 ) fossil fuel-fired steam generators (40
CFR 60.1 to 60.49, Subpart D);

(2) incinerators (40 CFR 60. 1 to 60.39 and
60.50 to 60.59, Subpart (E);

(3) portland cement plants (40 CFR 60. 1 to
60.39 and 60.60 to 60.69. Subpart F);

(4) nitric acid plants (40 CFR 60.1 to

60.39 and 60.70 to 60.79, Subpart G);

(5) sulfuric acid plants (40 CFR. 60.1 to
60.39 and 60.80 to 60.89. Subpart H);

(6) asphalt concrete plants (40 CFR 60. 1 to
60.39 and 60.90 to 60.99, Subpart I);

(7) petroleum refineries (40 CFR 60.1 to
60.39 and 60.100 to 60.109, Subpart

J);

(8) storage vessels for petroleum liquids for
which construction, reconstruction, or
modification commenced after June 11,
1973, and prior to May 19, 1978 (40
CFR 60.1 to 60.39 and 60.110 to
60.119, Subpart K);

(9) secondary lead smelters (40 CFR 60.1
to 60.39 and 60. 120 to 60. 129, Subpart
L);

(10) secondary brass and bronze ingot
production plants(40 CFR 60. 1 to 60.39
and 60.130 to 60.139, Subpart M);

(11) iron and steel plants (40 CFR 60.1 to
60.39 and 60.140 to 60.149. Subpart
N);

(12) sewage treatment plants (40 CFR 60.1
to 60.39 and 60. 150 to 60.159. Subpart
O);

(13) phosphate fertilizer industry: wet
process phosphoric acid plants (40 CFR
60.1 to 60.39 and 60.200 to 60.209,

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PROPOSED RULES

Subpart T);

(14) phosphate fertilizer industry:
superphosphoric acid plants (40 CFR
60.1 to 60.39 and 60.210 to 60.219,
Subpart U);

(15) phosphate fertilizer industry:
diammonium phosphate plants (40 CFR
60.1 to 60.39 and 60.220 to 60.229,
Subpart V);

(16) phosphate fertilizer industry: triple
superphosphate plants (40 CFR 60.1 to
60.39 and 60.230 to 60.239, Subpart
W);

(17) phosphate fertilizer industry: granular
triple superphosphate storage facilities
(40 CFR 60.1 to 60.39 and 60.240 to
60.249, Subpart X);

(18) steel industry: electric arc furnaces (40
CFR 60.1 to 60.39 and 60.270 to
60.279, Subpart AA);

(19) coal preparation plants (40 CFR 60. 1 to
60.39 and 60.250 to 60.259, Subpart
Y);

(20) primary copper smelters (40 CFR 60.1
to 60.39 and 60.160 to 60.169, Subpart

P);

(21) primary zinc smelters (40 CFR 60.1 to
60.39 and 60.170 to 60.179, Subpart

Q);

(22) primary lead smelters (40 CFR 60.1 to
60.39 and 60.180 to 60.189, Subpart

R);

(23) primary aluminum reduction plants (40
CFR 60.1 to 60.39 and 60.190 to
60.199, Subpart S);

(24) ferroalloy production facilities (40 CFR
60.1 to 60.39 and 60.260 to 60.269,
Subpart Z);

(25) kraft pulp mills (40 CFR 60. 1 to 60.39
and 60.280 to 60.289, Subpart BB);

(26) grain elevators (40 CFR 60.1 to 60.39
and 60.300 to 60.309, Subpart DD);

(27) lime manufacturing plants (40 CFR
60.1 to 60.39 and 60.340 to 60.349,
Subpart HH);

(28) stationary gas turbines (40 CFR 60.1 to
60.39 and 60.330 to 60.339, Subpart
GG);

(29) electric utility steam generating units
(40 CFR 60.1 to 60.39 and 40 CFR
60.40a to 60.49a, Subpart Da);

(30) storage vessels for petroleum liquids,
for which construction, reconstruction,
or modification commenced after May
18, 1978 and prior to July 23, 1984 (40

CFR 60.1 to 60.39 and 40 CFR
60. 1 10a to 60. 1 19a, Subpart Ka);

(31) glass manufacturing plants (40 CFR
60.1 to 60.39 and 40 CFR 60.290 to
60.299, Subpart CC);

(32) lead-acid battery manufacturing (40
CFR 60. 1 to 60.39 and 40 CFR 60.370
to 60.379, Subpart KK);

(33) automobile and light duty truck surface
coating operations (40 CFR 60.1 to
60.39 and 40 CFR 60.390 to 60.399,
Subpart MM);

(34) phosphate rock plants (40 CFR 60. 1 to
60.39 and 40 CFR 60.400 to 60.409.
Subpart NN);

(35) ammonium sulfate manufacturing (40
CFR 60. 1 to 60.39 and 40 CFR 60.420
to 60.429, Subpart PP);

(36) surface coating of metal furniture (40
CFR 60.1 to 60.39 and CFR 60.310 to
60.319, Subpart EE);

(37) graphic arts industry: publication
rotogravure printing (40 CFR 60.1 to
60.39 and 40 CFR 60.430 to 60.439,
Subpart QQ);

(38) industrial surface coating: large
appliances (40 CFR 60.1 to 60.39 and
40 CFR 60.450 to 60.459, Subpart SS);

(39) metal coil surface coating (40 CFR 60. 1
to 60.39 and 40 CFR 60.460 to 60.469,
Subpart TT);

(40) beverage can surface coating industry
(40 CFR 60.1 to 60.39 and 40 CFR
60.490 to 60.499, Subpart WW);

(41) asphalt processing and asphalt roofing
manufacture (40 CFR 60. 1 to 60.39 and
40 CFR 60.470 to 60.479, Subpart
UU);

(42) bulk gasoline terminals (40 CFR 60.1
to 60.39 and 40 CFR 60.500 to 60.509,
Subpart XX);

(43) metallic mineral processing plants (40
CFR 60. 1 to 60.39 and 40 CFR 60.380
to 60.389, Subpart LL);

(44) pressure sensitive tape and label surface
coating operations (40 CFR 60. 1 to
60.39 and 40 CFR 60.440 to 60.449,
Subpart (R);

(45) equipment leaks of VOC in the
synthetic organic chemicals
manufacturing industry (40 CFR 60.1
to 60.39 and 40 CFR 60.480 to 60.489,
Subpart VV);

(46) equipment leaks of VOC in petroleum
refineries (40 CFR 60.1 to 60.39 and

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PROPOSED RULES

40 CFR 60.590 to 60.599, Subpart
GGG);

(47) synthetic fiber production facilities (40
CFR 60. 1 to 60.39 and 40 CFR 60.600
to 60.609, Subpart HHH);

(48) flexible vinyl and urethane coating and
printing (40 CFR 60.1 to 60.39 and 40
CFR 60.580 to 60.589, Subpart FFF);

(49) petroleum dry cleaners (40 CFR 60. 1 to
60.39 and 60.620 to 60.629, Subpart
JJJ);

(50) onshore natural gas processing plants:
equipment leaks of volatile organic
compounds (40 CFR 60. 1 to 60.39 and
60.630 to 60.639, Subpart KKK);

(51) wool fiberglass insulation
manufacturing (40 CFR 60.1 to 60.39
and 60.680 to 60.689, Subpart PPP);

(52) nonmetallic mineral processing plants
(40 CFR 60.1 to 60.39 and 60.670 to
60.679, Subpart OOO);

(53) steel plants: electric arc furnaces and
argon-oxygen decarburization vessels
constructed after August 17, 1983 (40
CFR 60.1 to 60.39 and 60.270a to
60.279a, Subpart AAa);

(54) onshore natural gas processing: SO(2)
emissions (40 CFR 60.1 to 60.39 and
60.640 to 60.649, Subpart LLL);

(55) basic oxygen process steelmaking
facilities for which construction is
commenced after January 20, 1983: (40
CFR 60.1 to 60.39 and 60.140a to
60.149a, Subpart Na);

(56) industrial-commercial-institutionalsteam
generating units (40 CFR 60. 1 to 60.39
and 60.40b to 60.49b, Subpart Db);

(57) volatile organic liquid storage vessels
(including petroleum liquid storage
vessels) for which construction,
reconstruction, or modification
commenced after July 23, 1984 (40
CFR 60.1 to 60.39 and 40 CFR
60. 1 10b to 60. 1 19b, Subpart Kb);

(58) rubber tire manufacturing industry (40
CFR 60. 1 to 60.39 and 40 CFR 60.540
to 60.549, Subpart BBB);

(59) industrial surface coating: surface
coating of plastic parts for business
machines (40 CFR 60.1 to 60.39 and
40 CFR 60.720 to 60.729, Subpart
TTT);

(60) magnetic tape coating facilities (40 CFR
60.1 to 60.39 and 40 CFR 60.710 to
60.719, Subpart SSS);

(61) volatile organic compound emissions
from petroleum refinery wastewater
systems (40 CFR 60. 1 to 60.34 and 40
CFR 60.690 to 60.699, Subpart QQQ);

(62) volatile organic compound emissions
from the synthetic organic chemical
manufacturing industry air oxidation
unit processes (40 CFR 60.1 to 60.34
and 40 CFR 60.610 to 60.618, Subpart

HI);

(63) volatile organic compound emissions
from synthetic organic chemical manu-
facturing industry distillation operations
(40 CFR 60.1 to 60.34 and 40 CFR
60.660 to 60.668, Subpart NNN);

(64) polymeric coating of supporting sub-
strates facilities (40 CFR 60.1 to 60.34
and 40 CFR 60.740 to 60.748, Subpart
VVV);

(65) small industrial-commercial-institutional
steam generating units (40 CFR 60.1 to
60.34 and 40 CFR 60.40c to 60.48c,
Subpart Dc);

(66) municipal waste combustors (40 CFR
60.1 to 60.34 and 40 CFR 60.50a to
60.59a, Subpart Ea);

(67) volatile organic emissions from the
polymer manufacturing industry (40
CFR 60. 1 to 60.34 and 40 CFR 60.560
to 60.566 except 40 CFR 60.562-2(c),
Subpart DDD)-

(68) calciners and dryers in mineral indus-
tries £40 CFR 60J to 60.34 and 40
CFR 60.730 to 60.737, Subpart UUU).

(c) In the application of this Rule, definitions
contained in 40 CFR Part 60 shall apply rather
than those of Section .0100 of this Subchapter
when conflict exists.

(d) Paragraphs (a) and (b) of Rule .0601 of
Subchapter 2H of this Chapter 15A NCAC 20.
.0102 and .0302 are not applicable to any source
to which this Rule applies. The owner or operator
of the source shall apply for and receive a permit
as required in Paragraph (c) of Rule .0601 — ©f
Subchapter 2H of thi s Chapter 15A NCAC 20.
.0300 or .0500 .

(e) The Code of Federal Regulations cited in
this Rule are incorporated by reference and shall
automatically include any later amendments thereto

2253

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PROPOSED RULES

except for categories of sources not referenced in
Paragraph (a) of this Rule. Categories of sources
not referenced in Paragraph (a) of this Rule for
which EPA has promulgated new source
performance standards in 40 CFR Part 60, if and
when incorporated into this Rule, shall be
incorporated using rule-making procedures.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(5); 150B-21. 6.

.0525 NATIONAL EMISSION STANDARDS
FOR HAZARDOUS AIR
POLLUTANTS

(a) Sources emitting pollutants of the following
types when subject to national emission standards
for hazardous air pollutants promulgated in 40
CFR Part 61 shall comply with emission standards,
monitoring and reporting requirements,
maintenance requirements, notification and record
keeping requirements, performance test
requirements, test method and procedural
provisions, and any other provisions, as required
therein, rather than with any otherwise-applicable
Rule in this Section which would be in conflict
therewith. New sources of volatile organic
compounds that are located in Davidson, Durham,
Forsyth, Gaston, Guilford, Mecklenburg, or Wake
Counties, Dutchville Township in Granville
County, or that part of Davie County bounded by
the Yadkin River, Dutchmans Creek, North
Carolina Highway 801, Fulton Creek, and back to
the Yadkin River shall comply with the following
requirements, as well as with any applicable
requirements in Section .0900 of this Subchapter:

(1) asbestos (40 CFR 61.01 to 61.19 and
61.140 to 61.159, Subpart M, with the
exception named in 40 CFR 61.157);

(2) beryllium (40 CFR 61 .01 to 61 . 19 and
61.30 to 61.39, Subpart C);

(3) beryllium from rocket motor firing (40
CFR 61.01 to 61.19 and 61.40 to
61.49, Subpart D);

(4) mercury (40 CFR 61.01 to 61.19 and
61.50 to 61.59, Subpart E);

(5) vinyl chloride (40 CFR 61 .01 to 61.19
and 61.60 to 61.71, Subpart F);

(6) equipment leaks (fugitive emission
sources) of benzene (40 CFR 61.01 to
61.19 and 61.110 to 61.119, Subpart

J);

(7) equipment leaks (fugitive emission
sources) (of volatile hazardous air
pollutants) (40 CFR 61.01 to 61.19 and
61.240 to 61.249, Subpart V);

(8) inorganic arsenic emissions from glass
manufacturing plants (40 CFR 61.01 to
61.19 and 61.160 to 61.169, Subpart
N);

(9) inorganic arsenic emissions from
primary copper smelters (40 CFR 61 .01
to 61.19 and 61. 170 to 61.179, Subpart
O);

(10) inorganic arsenic emissions from
arsenic trioxide and metallic arsenic
production facilities (40 CFR 61.01 to
61.19 and 61.180 to 61.186, Subpart

P);

(11) benzene emissions from benzene
transfer operations (40 CFR 61.01 to
61.19 and 61.300 to 61.306, Subpart
BB);

(12) benzene waste operations (40 CFR
61.01 to 61.19 and 61.340 to 61.358,
Subpart FF);

(13) benzene emissions from coke
by-product recovery plants (40 CFR
61.01 to 61.19 and 61.130 to 61.139,
Subpart L);

(14) benzene emissions from benzene
storage vessels (40 CFR 61 .01 to 61 . 19
and 61.270 to 61.277 except 61.273,
Subpart Y).

(b) All requests, reports, applications,
submittals, and other communications to the
administrator required under Paragraph (a) of this
Rule shall be submitted to the Director of the
Division of Environmental Management rather
than to the Environmental Protection Agency;
except that all such reports, applications,
submittals, and other communications to the
administrator required by 40 CFR 61.145 shall be
submitted to the Director, Division of
Epidemiology.

(c) In the application of this Rule, definitions
contained in 40 CFR Part 61 shall apply rather
than those of Section .0100 of this Subchapter
when conflict exists.

(d) Paragraphs (a) and (b) of Rule 15A NCAC
2H .0601 15A NCAC 20. .0102 and .0302 are not
applicable to any source to which this Rule
applies. The owner or operator of the source shall
apply for and receive a permit as required in
Paragraph (c) of Rule 15A NCAC 2H .0601 15A
NCAC 20. .0300 or .0500 .

(e) The Code of Federal Regulations cited in
this Rule are incorporated by reference and shall
automatically include any later amendments thereto
except for categories of sources not referenced in
Paragraph (a) of this Rule. Categories of sources

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2254

PROPOSED RULES

not referenced in Paragraph (a) of this Rule for
which EPA has promulgated national emission
standards for hazardous air pollutants in 40 CFR
Part 61, if and when incorporated into this Rule,
shall be incorporated using rule-making
procedures.

Statutory Authority G.S. 143-215. 3(a)(1);

143-215. 107(a)(5); 150B-21.6.

.0530 PREVENTION OF SIGNIFICANT
DETERIORATION

(a) The purpose of the Rule is to implement a
program for the prevention of significant
deterioration of air quality as required by 40 CFR
51.166 as amended October 17, 1988.

(b) For the purposes of this Rule the definitions
contained in 40 CFR 51.166(b) and 40 CFR
51.301 shall apply. The reasonable period
specified in 40 CFR 51 . 166(b)(3)(ii) shall be seven
years. The limitation specified in 40 CFR
51. 166(b)(15)(ii) shall not apply.

(1) Great Smoky Mountains National Park;

(2) Joyce Kilmer Slickrock National
Wilderness Area;

(3) Linville Gorge National Wilderness
Area;

(4) Shining Rock National Wilderness
Area;

(5) Swanquarter National Wilderness Area.

(d) Redesignations of areas to Class I or II may
be submitted as state proposals to the
Administrator of the Environmental Protection
Agency (EPA), if the requirements of 40 CFR
51.166(g)(2) are met. Areas may be proposed to
be redesignated as Class III, if the requirements of
40 CFR 51.166(g)(3) are met. Redesignations
may not, however, be proposed which would
violate the restrictions of 40 CFR 51.166(e).
Lands within the boundaries of Indian Reservations
may be redesignated only by appropriate Indian
Governing Body.

(e) In areas designated as Class I, II, or III,
increases in pollutant concentration over the
baseline concentration shall be limited to the
values set forth in 40 CFR 51.166(c). However,
concentration of the pollutant shall not exceed
standards set forth in 40 CFR 51.166(d).

(f) Concentrations attributable to the conditions
described in 40 CFR 51.166(f)(1) shall be
excluded in determining compliance with a
maximum allowable increase. However, the

exclusions referred to in 40 CFR 51 . 166(f)(l)(i) or
(ii) shall be limited to five years as described in 40
CFR 51.166(f)(2).

(g) Major stationary sources and major
modifications shall comply with the requirements
contained in 40 CFR 51.166(i) and by extension in
40 CFR 51.1 66{j) through (o). The transition
provisions allowed by 40 CFR 52.21 (i)(l l)(i) and
(ii) and (m)(l)(vii) and (viii) are hereby adopted
under this Rule. The minimum requirements
described in the portions of 40 CFR 51.166
referenced in this Paragraph are hereby adopted as
the requirements to be used under this Rule,
except as otherwise provided in this Rule.
Wherever the language of the portions of 40 CFR
51.166 referenced in this Paragraph speaks of the
"plan," the requirements described therein shall
apply to the source to which they pertain, except
as otherwise provided in this Rule. Whenever the
portions of 40 CFR 51.166 referenced in this
Paragraph provide that the State plan may exempt
or not apply certain requirements in certain
circumstances, those exemptions and provisions of
nonapplicability are also hereby adopted under this
Rule. However, this provision shall not be
interpreted so as to limit information that may be
requested from the owner or operator by the
Director as specified in 40 CFR 51 . 166(n)(2).

(h) Paragraph s (a) and (b) of 15A NCAC 2H
t060+ L5A NCAC 20. .0102 and .0302 are not
applicable to any source to which this Rule
applies. The owner or operator of the sources
Sources to which this Rule applies shall apply for
and receive a permit as required in Paragraph (e)
of 15A NCAC 2H .0601 15A NCAC 20 .0300 or
.0500 .

(i) When a particular source or modification
becomes a major stationary source or major
modification solely by virtue of a relaxation in any
enforceable limitation which was established after
August 7, 1980, on the capacity of the source or
modification to emit a pollutant, such as a
restriction on hours of operation, then the
provisions of this Rule shall apply to the source or
modification as though construction had not yet
begun on the source or modification.

(j) Volatile organic compounds exempted from
coverage in Subparagraph (c)(5) of Rule .0531 of
this Section shall also be exempted when
calculating source applicability and control
requirements under this Rule.

(k) The degree of emission limitation required
for control of any air pollutant under this Rule
shall not be affected in any manner by:

(1) that amount of a stack height, not in

2255

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PROPOSED RULES

existence before December 31, 1970,
that exceeds good engineering practice;
or
(2) any other dispersion technique not
implemented before then.

(1) A substitution or modification of a model as
provided for in 40 CFR 51.166(1) shall be subject
to public comment procedures in accordance with
the requirements of 40 CFR 51.166(q).

(m) Permits may be issued on the basis of
innovative control technology as set forth in 40
CFR 51.166(s)(l) if the requirements of 40 CFR
51.166(s)(2) have been met, subject to the
condition of 40 CFR 51.166(s)(3), and with the
allowance set forth in 40 CFR 51.166(s)(4).

(n) If a source to which this Rule applies
impacts an area designated Class I by requirements
of 40 CFR 51.166(e), notice to EPA will be
provided as set forth in 40 CFR 51.166(p)(l). If
the Federal Land Manager presents a
demonstration described in 40 CFR 51.166(p)(3)
during the public comment period or public
hearing to the Director and if the Director concurs
with this demonstration, the permit application
shall be denied. Permits may be issued on the
basis that the requirements for variances as set
forth in 40 CFR 51 .166(p)(4), (p)(5) and (p)(7), or
(p)(6) and (p)(7) have been satisfied.

(o) A permit application subject to this Rule
shall be processed in accordance with the
procedures and requirements of 40 CFR 51 . 166(q).
Within 30 days of receipt of the application,
applicants will be notified if the application is
complete as to initial information submitted.
Notwithstanding this determination, the 90-day
period provided for the Commission to act by G.S.
143-215. 108(b) shall be considered to begin at the
end of the period allowed for public comment, at
the end of any public hearing held on the
application, or when the applicant supplies
information requested by the Director in answer to
comments received during the comment period or
at any public hearing, whichever is later. The
Director shall notify the Administrator of EPA of
any application considered approved by expiration
of the 90 days; this notification shall be made
within 10 working days of the date of expiration.
If no permit action has been taken when 70 days of
the 90-day period have expired, the Commission
shall relinquish its prevention of significant
deterioration (PSD) authority to EPA for that
permit. The Commission shall notify by letter the
EPA Regional Administrator and the applicant
when 70 days have expired. EPA will then have
responsibility for satisfying unmet PSD

requirements, including permit issuance with
appropriate conditions. The permit applicant must
secure from the Commission, a permit revised (if
necessary) to contain conditions at least as
stringent as those in the EPA permit, before
beginning construction. Commencement of

construction before full PSD approval is obtained
constitutes a violation of this Rule.

(p) Approval of an application with regard to the
requirements of this Rule shall not relieve the
owner or operator of the responsibility to comply
fully with applicable provisions of other rules of
this Chapter and any other requirements under
local, state, or federal law.

(q) When a source or modification subject to
this Rule may affect the visibility of a Class I area
named in Paragraph (c) of this Rule, the following
procedures shall apply:

(1) The Director shall provide written
notification to all affected Federal Land
Managers within 30 days of receiving
the permit application or within 30 days
of receiving advance notification of an
application. The notification shall be at
least 30 days prior to the publication of
notice for public comment on the
application. The notification shall
include a copy of all information
relevant to the permit application
including an analysis provided by the
source of the potential impact of the
proposed source on visibility.

(2) The Director shall consider any analysis
concerning visibility impairment
performed by the Federal Land
Manager if the analysis is received
within 30 days of notification. If the
Director finds that the analysis of the
Federal Land Manager fails to
demonstrate to his satisfaction that an
adverse impact on visibility will result
in the Class I area, the Director shall
provide in the notice of public hearing
on the application, an explanation of his
decision or notice as to where the
explanation can be obtained.

(3) The Director may require monitoring of
visibility in or around any Class I area
by the proposed new source or
modification when the visibility impact
analysis indicates possible visibility
impairment.

(r) Revisions of the North Carolina State
Implementation Plan for Air Quality shall comply
with the requirements contained in 40 CFR

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2256

PROPOSED RULES

51.166(a)(2).

(s) The version of the Code of Federal
Regulations incorporated in this Rule is that as of
January 1, 1989, and does not include any
subsequent amendments or additions editions to the
referenced material.

Statutory Authority G.S. 143-215. 3(a)(1);

143-215. 107(a)(3); 143-215. 107(a)(5);
143-215. 107(a)(7); 143-215. 108(b); 150B-21.6.

.0531 SOURCES IN NONATTAINMENT
AREAS

(a) This Rule applies to major stationary sources
and major modifications of sources of volatile
organic compounds or nitrogen oxides which are
located in areas designated in 40 CFR 81.334 as
nonattainment for ozone and for which
construction commences after the area in which the
source is located is listed in 40 CFR 81.334 as
nonattainment for ozone. This Rule applies to
major stationary sources and major modifications
of sources of carbon monoxide located in areas
designated in 40 CFR 81 .334 as nonattainment for
carbon monoxide and for which construction
commences after the area in which the source is
located is listed in 40 CFR 81.334 as
nonattainment for carbon monoxide. If any county
or part of a county to which this Rule applies is
later designated in 40 CFR 81.334 as attainment
for ozone or carbon monoxide, all sources in that
county subject to this Rule before the redesignation
date shall continue to comply with this Rule.

(b) For the purpose of this Rule the definitions
contained in 40 CFR 51.165(a)(1) and 40 CFR
51.301 shall apply. The reasonable period
specified in 40 CFR 51 . 165(a)( 1 )(vi)(C)(l) shall be
seven years.

(1) complex sources of air pollution that
are regulated only under Section .0800
of this Subchapter and not under any
other rule in this Subchapter;

(2) emission of pollutants at the new major
stationary source or major modification
located in the nonattainment area which
are pollutants other than the pollutant or
pollutants for which the area is
nonattainment (A major stationary
source or major modification that is
major for volatile organic compounds
or nitrogen oxides is also major for
ozone.);

(3) emission of pollutants for which the
source or modification is not major;

(4) a new source or modification which
qualifies for exemption under the
provision of 40 CFR 51.165(a)(4); and

(5) emission of the following volatile
organic compounds:

(A) carbon monoxide,

(B) carbon dioxide,

(D) metallic carbides or carbonates,

(E) ammonium carbonate,

(F) methane,

(G) ethane.

(H) trichlorofluoromethane

(chlorofluorocarbon 11),
(I) dichlorodifluoromethane

(chlorofluorocarbon 12),
(J) chlorodifiuoromethane

(chlorofluorocarbon 22),
(K) trifluoromethane (fluorocarbon 23),
(L) trichlorotrifluoroethane

(chlorofluorocarbon 113).
(M) d i c h 1 o ro t e t rafl u o ro e t h an e

(chlorofluorocarbon 114),
(N) chloropentafluoroethane

(chlorofluorocarbon 115),
(O) 1 , 1 , 1 -trichloroethane (methyl

chloroform),
(P) dichloromethane (methylene chloride).
(Q) dichlorotrifluoroethane

(hydrochlorofluorocarbon 123),
(R) tetrafluoroethane (hydrofluorocarbon

134a),
(S) dichlorofiuoroethane

(hydrochlorofluorocarbon 141b),
(T) chlorodifluoroethane

(hydrochlorofluorocarbon 142b),
(U) 2-chloro- 1.1,1 ,2-tetrafluoroethane

(hydrochlorofluorocarbon 124),
(V) pentafluoroethane (hydrofluorocarbon

125),
(W) 1 , 1 ,2,2-tetrafluoroethane

(hydrofluorocarbon 134),
(X) 1 , 1 . 1 -trifluoroethane

(hydrofluorocarbon 143a),
( Y) 1 , 1 -difluorocarbon (hydrofluorocarbon

152a), and
(Z) perfluorocarbon compounds that fall

into these classes:
(i) cyclic, branched, or linear

completely fluorinated alkanes:
(ii) cyclic, branched. or linear
completely fluorinated ethers with
no unsaturations;
(iii) cyclic, branched. or linear
completely fluorinated tertiary

2257

8:23

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March 1, 1994

PROPOSED RULES

amines with no unsaturations; and
(iv) sulfur containing perfluorocarbons
with no unsaturations and with
sulfur bonds only to carbon and
fluorine.

(d) PnragraphB (a) and (b) of 15 NCAC 2H
-&m± ISA NCAC 2Q .0102 and .0302 are not
applicable to any source to which this Rule
applies. The owner or operator of the source shall
apply for and receive a permit as required in
Paragraph (c) of Rule 15 NCAC 2H .0601 15A
NCAC 2Q .0300 or .0500 .

(e) To issue a permit to a source to which this
Rule applies, the Director shall determine that the
source will meet the following requirements:

(1) The source will emit the nonattainment
pollutant at a rate no more than the
lowest achievable emission rate.

(2) The owner or operator of the proposed
new or modified source has
demonstrated that all major stationary
sources in the State which are owned or
operated by this person (or any entity
controlling, controlled by, or under
common control with this person) are
subject to emission limitations and are
in compliance, or on a schedule for
compliance which is federally
enforceable or contained in a court
decree, with all applicable emission
limitations and standards of this
Subchapter which EPA has authority to
approve as elements of the North
Carolina State Implementation Plan for
Air Quality.

(3) The source will obtain sufficient
emission reductions of the
nonattainment pollutant from other
sources in the nonattainment area so
that the emissions from the new major
source and associated new minor
sources will be less than the emissions
reductions by a ratio of at least 1 .00 to
1.15 for volatile organic compounds
and nitrogen oxides and by a ratio of
greater than one to one for carbon
monoxide. The baseline for this
emission offset shall be the actual
emissions of the source from which
offset credit is obtained. Emission
reductions must not include any
reductions resulting from compliance
(or scheduled compliance) with
applicable rules in effect prior to the
application. The difference between the

emissions from the new major source
and associated new minor sources of
carbon monoxide and the emission
reductions must be sufficient to
represent reasonable further progress
toward attaining the Ambient Air
Quality Standards. The emissions
reduction credits must also conform to
the provisions of 40 CFR
5 1.165(a)(3)(ii)(A) through (G).
(4) The North Carolina State
Implementation Plan for Air Quality is
being carried out for the nonattainment
area in which the proposed source is
located.

(f) When a particular source or modification
becomes a major stationary source or major
modification solely by virtue of a relaxation in any
enforceable limitation established after August 7,
1980, on the capacity of the source or modification
to emit a pollutant, such as a restriction on hours
of operation, then the provisions of this Rule shall
apply to the source or modification as though
construction had not yet begun on the source or
modification.

(g) To issue a permit to a source of a
nonattainment pollutant, the Director shall
determine, in addition to the other requirements of
this Rule, that an analysis (produced by the permit
applicant) of alternative sites, sizes, production
processes, and environmental control techniques
for source demonstrates that the benefits of the
source significantly outweigh the environmental
and social costs imposed as a result of its location,
construction, or modification.

(h) Approval of an application with regard to the
requirements of this Rule shall not relieve the
owner or operator of the responsibility to comply
fully with applicable provisions of other rules of
this Chapter and any other requirements under
local, state, or federal law.

(i) When a source or modification subject to this
Rule may affect the visibility of a Class I area
named in Paragraph (c) of Rule .0530 of this
Section, the following procedures shall be
followed:

(1) The owner or operator of the source
shall provide an analysis of the
impairment to visibility that would
occur as a result of the source or
modification and general commercial,
industrial and other growth associated
with the source or modification.

(2) The Director shall provide written
notification to all affected Federal Land

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2258

PROPOSED RULES

(3)

(4)

Managers within 30 days of receiving
the permit application or within 30 days
of receiving advance notification of an
application. The notification shall be at
least 30 days prior to the publication of
the notice for public comment on the
application. The notification shall
include a copy of all information
relevant to the permit application
including an analysis provided by the
source of the potential impact of the
proposed source on visibility.
The Director shall consider any analysis
concerning visibility impairment
performed by the Federal Land
Manager if the analysis is received
within 30 days of notification. If the
Director finds that the analysis of the
Federal Land Manager fails to
demonstrate to his satisfaction that an
adverse impact on visibility will result
in the Class I area, the Director shall
provide in the notice of public hearing
on the application, an explanation of his
decision or notice as to where the
explanation can be obtained.
The Director shall only issue permits to
those sources whose emissions will be
consistent with making reasonable
progress towards the national goal of
preventing any future, and remedying
any existing, impairment of visibility in
mandatory Class I areas when the
impairment results from man-made air
pollution. In making the decision to
issue a permit, the Director shall
consider the cost of compliance, the
time necessary for compliance, the
energy and nonair quality
environmental impacts of compliance,
and the useful life of the source.
The Director may require monitoring of
visibility in or around any Class I area
by the proposed new source or
modification when the visibility impact
analysis indicates possible visibility
impairment. The requirements of this
Paragraph shall not apply to nonprofit
health or nonprofit educational
institutions.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(5); 143-215. 108(b).

.0532 SOURCES CONTRIBUTING TO AN

(5)

AMBIENT VIOLATION

(a) This Rule applies to certain new major
stationary sources and major modifications which
are located in an area which is designated by the
U.S. Environmental Protection Agency (EPA) to
be an attainment or unclassifiable area as of May
1, 1983, and which would contribute to a violation
of a national ambient air quality standard but
which would not cause a new violation.

(b) For the purpose of this Rule the definitions
contained in Section II. A. of Appendix S of 40
CFR Part 51 shall apply.

(1) complex sources of air pollution that
are regulated only under Section .0800
of this Subchapter and not under any
other rule of this Subchapter;

(2) emission of pollutants for which the
area in which the new or modified
source is located is designated as
nonattainment;

(3) emission of pollutants for which the
source or modification is not major;

(4) emission of pollutants other than sulfur
dioxide, total suspended particulates,
nitrogen oxides, and carbon monoxide;

(5) a new or modified source whose impact
will increase not more than:

(A) 1 .0 ug/m 3 of S0 2 on an annual basis,

(B) 5 ug/m 3 of S0 2 on a 24-hour basis,

(D) 1.0 ug/m 3 of total suspended
particulates on an annual basis,

(E) 5 ug/m 3 of total suspended
particulates on a 24-hour basis,

(F) 1 .0 ug/m 3 of NO, on an annual basis,

(G) 0.5 mg/m 3 of carbon monoxide on an
8-hour basis,

(H) 2 mg/m 3 of carbon dioxide monoxide

on a one-hour basis,
(I) 1.0 ug/m 3 of PM10 on an annual

basis, or
(J) 5 ug/m 3 of PM10 on a 24-hour basis,

at any locality that does not meet a

national ambient air quality standard;

(6) sources which are not major unless
secondary emissions are included in
calculating the potential to emit;

(7) sources which are exempted by the
provision in Section II. F. of Appendix
S of 40 CFR Part 51;

(8) temporary emission sources which will
be relocated within two years; and

(9) emissions resulting from the
construction phase of the source.

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(d) Paragraphs (a) and (b) of 15A NCAC 2H
t06©4- ±5A NCAC 2Q .0102 and .0302 are not
applicable to any source to which this Rule
applies. The owner or operator of the source shall
apply for and receive a permit as required in
Paragraph (c) of 15A NCAC 2H .0601 15A
NCAC 2Q .0300 or .0500 .

(e) To issue a permit to a new or modified
source to which this Rule applies, the Director
shall determine that the source will meet the
following conditions:

(1) The sources will emit the nonattainment
pollutant at a rate no more than the
lowest achievable emission rate.

(3) The source will satisfy one of the
following conditions:

(A) The source will comply with Part
(e)(3) of Rule .0531 of this Section
when the source is evaluated as if it
were in the nonattainment area; or

(B) The source will have an air quality
offset, i.e., the applicant will have
caused an air quality improvement in
the locality where the national
ambient air quality standard is not met
by causing reductions in impacts of
other sources greater than any
additional impact caused by the
source for which the application is
being made. The emissions reductions
creating the air quality offset shall be
placed as a condition in the permit for
the source reducing emissions. The
requirements of this Part may be
partially waived if the source is a
resource recovery facility burning
municipal solid waste, the source
must switch fuels due to lack of

adequate fuel supplies, or the source

is required to be modified as a result

of EPA regulations and no exemption

from such regulations is available and

if:

(i) the permit applicant demonstrates

that it made its best efforts to

obtain sufficient air quality offsets

to comply with this Part;

(ii) the applicant has secured all

available air quality offsets; and
(iii) the applicant will continue to seek
the necessary air quality offsets
and apply them when they become
available.

(f) At such time that a particular source or
modification becomes a major stationary source or
major modification solely by virtue of a relaxation
in any enforceable limitation established after
August 7, 1980, on the capacity of the source or
modification to emit a pollutant, such as a
restriction on hours of operation, then the
provisions of this Rule shall apply to the source or
modification as though construction had not yet
begun on the source or modification.

(g) The version of the Code of Federal
Regulations incorporated in this Rule is that as of
January 1, 1989, and does not include any
subsequent amendments or additions editions to the
referenced material.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(5); 143-215. 108(b); 150B-21. 6.

.0533 STACK HEIGHT

(a) For the purpose of this Regulation Rule , the
following definitions apply:

(1) "Stack" means any point in a source
designed to emit solids, liquids, or
gases into the air, including a pipe or
duct but not including flares.

(2) "A stack in existence" means that the
owner or operator had:

(A) begun, or caused to begin, a
continuous program of physical
on-site construction of the stack; or

(B) enter entered into binding agreements
or contractual obligations, which
could not be cancelled or modified
without substantial loss to the owner
or operator, to undertake a program
of construction of the stack to be
completed in a reasonable time the
time that is normally required to
construct such a stack.

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(3) "Dispersion technique"

(A) "Dispersion technique" means any
technique which attempts to affect the
concentration of a pollutant in the
ambient air by:

(i) using that portion of a stack
which exceeds good engineering
practice stack height,

(ii) varying the rate of emission of a
pollutant according to atmospheric
conditions or ambient
concentrations of that pollutant, or

(iii) increasing final exhaust gas plume
rise by manipulating source
process parameters, exhaust gas
parameters, stack parameters, or
combining exhaust gases from
several existing stacks into one
stack: or other selective handling
of exhaust gas streams so as to
increase the exhaust gas plume
rise.

(B) "Dispersion technique" does not
include:

(i) the reheating of a gas stream,
following use of a pollution
control system, for the purpose of
returning the gas to the
temperature at which it was
originally discharged from the
facility generating the gas stream;

(ii) the using of smoke management
in agricultural or silvicultural
prescribed burning programs:

(iii) the merging of exhaust gas
streams where:

(I) The facility owner or operator
demonstrates that the source
was originally designed and
constructed with such merged
gas streams;

(II) After July 8. 1985, such
merging is part of a change in
operation at the facility that
includes the installation of
pollution controls and is
accompanied by a net
reduction in the allowable
emissions of a pollutant. This
exclusion from the definition
of "dispersion techniques"
shall apply only to the
emission limitation for the
pollutant affected by such
change in operation; or

(III) Before July 8, 1985, such

merging was part of a change

in operation at the source that

included the installation of

emissions control equipment or

was carried out for sound

economic or engineering

reasons. Where there was an

increase in the emission

limitation or in the event that

no emission limitation was in

existence prior to the merging,

an increase in the quantity of

pollutants actually emitted

prior to the merging, the

director Director shall presume

that merging was significantly

motivated by an intent to gain

emissions credit for greater

dispersion. Absent a

demonstration by the source

owner or operator that

merging was not significantly

motivated by such intent, the

director Director shall deny

credit for the effects of such

merging in calculating the

allowable emissions for the

source;

(iv) Episodic restrictions on residential

woodburning and open burning

or;

(v) Techniques under Subpart (A)(iii)

of this Subparagraph which

increase final exhaust gas plume

rise where the resulting allowable

emissions of sulfur dioxide from

the facility do not exceed 5.000

tons per year.

(4) "Good engineering practice (GEP) stack

height" means the greater of:

(A) 65 meters measured from the
ground-level elevation at the base of
the stack;

(B) 2.5 times the height of nearby
structure(s) measured from the
ground-level elevation at the base of
the stack for stacks in existence on
January 12, 1979 and for which the
owner or operator had obtained all
applicable permit or approvals
required under 15 NCAC 2H .0600
15A NCAC 20. and 40 CFR Parts 5 1
and 52, provided the owner or
operator produces evidence that this

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equation was actually relied on in
establishing an emission limitation;

(C) for stacks not covered under Part (B)
of this Subparagraph, the height of
nearby structure(s) measured from the
ground-level elevation at the base of
the stack plus 1.5 times the lesser
dimension (height or projected width)
of nearby structure(s) provided that
the director Director may require the
use of a field study or fluid model to
verify GEP stack height for the
source; or

(D) the height demonstrated by a fluid
model or a field study approved by
the director Director , which ensures
that the emissions from a stack do not
result in excessive concentrations of
any air pollutant as a result of
atmospheric downwash, wakes, or
eddy effects created by the source
itself, nearby structures or nearby
terrain features.

(5) "Nearby" means, for a specific
structure or terrain feature:

(A) under Parts (4)(B) and (C) of this
Paragraph, that distance up to five
times the lesser of the height or the
width dimension of a structure but not
greater than one-half mile. The
height of the structure is measured
from the ground-level elevation at the
base of the stack.

(B) under Part (4)(D) of this Paragraph,
not greater than one-half mile, except
that the portion of a terrain feature
may be considered to be nearby which
falls within a distance of up to 10
times the maximum height [HJ of the
feature, not to exceed two miles if
such feature achieves a height [h,]
one-half mile from the stack that is at
least 40 percent of the GEP stack
height determined by Part (4)(C) of
this Paragraph or 26 meters,
whichever is greater, as measured
from the ground-level elevation at the
base of the stack. The height of the
structure or terrain feature is
measured from the ground-level
elevation at the base of the stack.

(6) "Excessive concentrations" means, for
the purpose of determining good
engineering practice stack height under
Part (4)(D) of this Paragraph:

(A) for sources seeking credit for stack
height exceeding that established
under Part (4)(B) or (C) of this
Paragraph, a maximum ground-level
concentration due to emissions from a
stack due in whole or part to
downwash, wakes, and eddy effects
produced by nearby structures or
nearby terrain features which
individually is at least 40 percent in
excess of the maximum concentration
experienced in the absence of such
downwash, wakes, or eddy effects
and which contributes to a total
concentration due to emissions from
all sources that is greater than an
ambient air quality standard. For
sources subject to Regulation Rule
.0530 of this Section, an excessive
concentration alternatively means a
maximum ground-level concentration
due to emissions from a stack due in
whole or part to downwash, wakes, or
eddy effects produced by nearby
structures or nearby terrain features
which individually is at least 40
percent in excess of the maximum
concentration experienced in the
absence of such downwash , wakes, or
eddy effects and greater than a
prevention of significant deterioration
increment. The allowable emission
rate to be used in making
demonstrations under this part shall
be prescribed by the new source
performance standard that is
applicable to the source category
unless the owner or operator
demonstrates that this emission rate is
infeasible. Where such demonstrations
are approved by the director Director ,
an alternative emission rate shall be
established in consultation with the
source owner or operator;

(B) for sources seeking credit after
October 11, 1983, for increases in
existing stack heights up to the
heights established under Part (4)(B)
or (C) of this Paragraph:

(i) a maximum ground-level
concentration due in whole or part
to downwash, wakes or eddy
effects as provided in Part (A) of
this Subparagraph, except that the
emission rate specified by any

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2262

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applicable Regulation Rule in this

Subchapter (or, in the absence of

such a limit, the actual emission

rate) shall be used, or

(ii) the actual presence of a local

nuisance (odor, visibility

impairment, or pollutant

concentration) caused by the

existing stack, as determined by

the director Director ; and

January 12, 1979, for a stack height

determined under Part (4)(B) or (C)

of this Paragraph where the director

Director requires the use of a field

study or fluid model to verify GEP

stack height, for sources seeking stack

height credit after November 9, 1984

based on the aerodynamic influence of

cooling towers, and for sources

seeking stack height credit after

December 31, 1970 based on the

aerodynamic influence of structures

not adequately represented by Part

(4)(B) or (C) of this Paragraph, a

maximum ground-level concentration

due in whole or part to downwash,

wakes, or eddy effects that is at least

40 percent in excess of the maximum

concentration experienced in the

absence of such downwash, wakes, or

eddy effects.

(7) "Emission limitation" means a

requirement established by this

Subchapter or a local air quality

program certified by the Commission

that limits the quantity, rate, or

concentration of emissions of air

pollutants on a continuous basis,

including any requirements that limit

the level of opacity, prescribe

equipment, set fuel specifications, or

prescribe operation or maintenance

procedures for a source to assure

continuous emission reduction.

(b) With the exception stated in Paragraphs (c)
and (d) of this Rule, the degree of emission
limitations required by any r e gulation rule in this
Subchapter shall not be affected by:

( 1 ) that amount of a stack height that
exceeds good engineering practice; or

(2) any other dispersion technique.

( 1 ) stack heights in existence or dispersion
techniques implemented before

December 31, 1970, except where

pollutants are being emitted from such

stacks or using such dispersion

techniques by sources, as defined in

Section 1 1 1(a)(3) of the Clean Air Act.

which were constructed, or

reconstructed, or for which major

modifications, as defined in Regulations

Rules .0530(b) and .0531(b) of this

Section were carried out after

December 31, 1970; or

(2) coal-fired steam electric generating

units, subject to provisions of Section

1 18 of the federal Clean Air Act, which

began operation before July 1, 1957,

and whose stacks were constructed

under a construction contract awarded

before February 8, 1974.

However, these exemptions shall not apply to a

new stack that replaces a stack that is exempted by

Subparagraphs (1) and (2) of this Paragraph.

These exemptions shall not apply to a new source

using a stack that is exempted by Subparagraphs

(1) and (2) of this Paragraph.

(d) This Regulation Rule shall not restrict the
actual stack height of any source.

Statutory Authority G.S. 143-215. 3(a)(1).

SECTION ,0600 - AIR POLLUTANTS:
MONITORING: REPORTING

.0601 PURPOSE AND SCOPE

(a) The purpose of this Section is to set forth the
requirements of the commi ss ion Commission
relating to monitoring air pollution emissions and
filing reports covering their discharge into the
outdoor atmosphere of the state.

(b) This Section shall apply to all persons
subject to the provisions of Section 15 NCAC 2H
t06Q9 15A NCAC 20.

Statutory Authority G.S. 143-215. 3(a)(1).

SECTION .0800 - COMPLEX SOURCES

.0801 PURPOSE AND SCOPE

(a) The purpose of this Section is to set forth
requirements of the commission Commission
relating to construction or modification of a
transportation facility^ — building. — s tructure, — ef
installation — ef — combination — thereof which may

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PROPOSED RULES

result in violation — ef an ambient air quality
standard s standard being exceeded ,

(b) For purposes of this Section any
transportation facility which on November 15,
1973, that was under construction , or i s being
installed, or is was the subject of a contract for
construction-; — in s tallation or purchase, prior to
November 15, 1973, shall not be considered to be
a new air pollution source.

(c) Approval to construct or modify an indirect
a transportation facility source shall not relieve any
owner or developer of the transportation facility
operator of the responsibility to comply with the
state control strategy and all local and state
regulations which are part of the North Carolina
State Implementation Plan for Air Quality.

Statutory Authority G. S.
143-215. 109.

143-215. 3(a)(1);

.0802 DEFINITIONS

For the purposes of this Section, the following
definitions apply:

ill

"Construction" means any activity

following land clearing or grading that
engages in a program of construction
specifically designed for a transportation
facility in preparation for the fabrication,
erection, or installation of the building
components associated with the
transportation facility, e.g. curbing,
footings, conduit, paving, etc.

(2) "Modify" or "modification" means to
alter or change the facility resulting in an
increase in parking capacity as defined in
Rule .0805 of this Section or the number
of aircraft operations from an airport as
defined in Rule .0804 of this Section.

(3) "Owner or developer" means any person
who owns, leases, develops, or controls
a transportation facility.

(4) "Transportation facility" means a
complex source as defined in G.S.
143-213(22) which is subject to the
requirements of this Section.

{a} — A person shall not construct or modify any
facility which result in:

fB open parking lots, including shopping

center — let*; — having — 1,500 — er- — more
vehicle — capacity, — and — parking — decks,
including shopping center decks and
parking — garages, — having capacity — fer
750 or more vehicles;

f2) subdivisions, — housing — developments,

apartment complexes, and trailer courts

having 500 or more unit3 resulting in a
population density of 7,6 8 p e r s quare
mile (12 persons per acre) or more;

(3) s tadium s and sports arena s having a

seating capacity of 25,000 or more or
8 ,000 vehicle parking spaces or more;

{4} drive in theaters having 700 or more

parking spaces; or

(5) amusement parks and recreation areas

de s igned to serve 25,000 person s per

day — or — more, — er — to — accommodate

parking of 8,000 vehicles or more; until

be — has — applied — fef — and — received — a

permit from the Commi ss ion, and has

complied with any and all terms and

conditions therein.

{b) — All applications for permits to construct or

modify a complex s ource shall be made on forms

provided by the Commission. The Commi ss ion

may require th e owner of the s ource to conduct air

quality monitoring and perform dispersion and

diffu s ion analy s is to predict impact of propo s ed

construction or modification on air quality.

(e) Before — the — Commission — approves — ef

disapproves the construction or modification of any
complex s ource, the information submitted by the
owner or operator, a s well a s the agency' s analy s i s
of the effect on ambient air quality (including the
agency's — preliminary — approval — or disapproval),
shall be made available for public in s pection in at
least one location in the region affected. — This
shall be accomplished by publishing a notice by
prominent advertisement in the region affected. A
30 day period for submittal of public comment
shall be allowed.

i4j — The Commission shall not approve any
application for a permit which would:

^) interfere — with — the — attainment — er

maintenance of any ambient air quality
standard, or

(2-) result in violation of applicable portions

ef- — tfte — implementation — pkm — control
s trategy.

Statutory Authority G.S. 143-213; 143-215. 3(a)(1);
143-215. 109.

.0803 HIGHWAY PROJECTS

Assessments Environmental

assessments

regarding highway projects witt shall be reviewed
in accordance with the National Environmental
Policy Act and the North Carolina Environmental
Policy Act. If there is no assessment, or if an
assessment fail s to complement the purpose of this
Regulation due to negative declaration, improper

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2264

PROPOSED RULES

addre ss — te — the — ak= — problem, insufficient

information, or failure in abatement proceedings if
an assessment shows that there may be a problem
in complying with an ambient air quality standard ,
or if the environmental impact assessment fails to
show that the highway project will not result in
violations of applicable portions of the control
strategy, and will not interfere with attainment or
maintenance of a national standard, then the
following regulatory provisions shall apply:

( 1 ) A person shall not construct or modify
any highway if that highway will result in
a contravention of ambient air quality
standards;

(2) Before construction or modification of
modifying any highway with an expected
maximum traffic volume of 2,000
vehicles per hour or more within 10
years, a person shall apply for and have
received a permit as described in 15A
NCAC 20 .0600 Paragraphs (b), (c), and
(d) of Regulation .0802 of this Section ,
and shall comply with any terms and
conditions therein.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 109.

.0804 AIRPORT FACILITIES

Before constructing or modifying any airport
facility expected designed to have at least 100,000
or more annual aircraft operations, or at least 45
ef — more peak-hour aircraft operations (one
operation equals one takeoff, or one landing)
within 10 years , a person the owner or developer
of the airport facility shall apply for and have
received a permit as described in Paragraph s (b),
(c), and (d) of Regulation .0802 of thi s Section
15A NCAC 2Q_ .0600 , and shall comply with any
and all terms and conditions therein.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 109.

.0805 PARKING FACILITIES

(a) The owner or developer of a transportation
facility shall not construct or modify a parking
area until he has applied for and received a permit
under 15A NCAC 2Q_ .0600 where the parking
area is for:

(1) construction of a new or expansion of
an existing parking lot or combination
of parking lots resulting m a parking
capacity of at least 1500 spaces or a
potential open parking area of at least

450,000 square feet (1500 spaces at 300
square feet per stall);

(2) modification of an existing parking lot
or combination of parking lots with a
parking capacity of at least 1500 spaces
that will be expanded by at least 500
spaces beyond the last permitted
number of spaces;

(3) construction of a new or expansion of
an existing parking deck or garage
resulting in a parking capacity of at
least 750 spaces or a potential parking
area of at least 225,000 square feet
(750 spaces at 300 square feet per
stall);

(4) modification of an existing parking
deck or garage with a parking capacity
of at least 750 spaces that will be
expanded by at least 250 spaces beyond
the last permitted number of spaces;

(5) construction of a new or expansion of
an existing combination of parking lots,
decks, and garages resulting in a
parking capacity of at least 1000 spaces
or a potential parking area of at least
300,000 square feet; or

(6) modification of an existing combination
of parking lots, decks, and garages with
a parking capacity of at least 1000
spaces that will be expanded by at least
500 spaces beyond the last permitted
number of spaces.

(b) Parking lots, decks, or garages that are
connected such that a person may drive from one
to another without having to travel on a public
street or road shall be considered one lot or deck.
Parking lots, decks, or garages of common
ownership separated by a public street or road but
within 150 feet of one another and with no existing
physical barrier (e.g. buildings, terrain, etc.) will
be considered one facility for permit and modeling
purposes.

(c) Temporary barriers shall not be used to
reduce the capacity of an otherwise affected
transportation facility to less than the amount
which requires permitting. The design and plan
shall clearly show the total parking capacity.

(d) Phased construction shall be evaluated and
permitted for a period not to exceed five years
from the date of application.

Statutory Authority
143-215. 109.

G.S. 143-215. 3(a)(1):

.0806 AMBIENT MONITORING AND

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MODELING ANALYSIS

(a) The Director may require the owner or
developer of a transportation facility subject to the
requirements of this Section to conduct ambient air
quality monitoring if dispersion modeling, traffic
analysis, or other ambient air quality monitoring
data indicates that there is a potential for the
ambient air quality standard for carbon monoxide
to be exceeded. If ambient air quality monitoring
is required, the permit shall specify the duration of
such monitoring.

(b) The Director may require the owner or
developer of a transportation facility subject to the
requirements of this Section to perform dispersion
modeling analyses to predict the impact of
proposed construction or modification of a
transportation facility on ambient air quality if
ambient air quality monitoring, traffic analysis, or
other dispersion modeling analysis indicates that
there is a potential for the ambient air quality
standard for carbon monoxide to be exceeded.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 66; 143-215. 109.

SECTION .1100 - CONTROL OF TOXIC
AIR POLLUTANTS

.1109 CASE-BY-CASE MAXIMUM
ACHIEVABLE CONTROL
TECHNOLOGY

(a) This Rule applies only to sources of
hazardous air pollutants required to have a permit
under 15A NCAC 2Q .0500.

(b) This Rule shall apply only after it and 15A
NCAC 2Q .0500 have been approved by the EPA,
except that the requirements of Paragraph (d) of
this Rule shall not apply before May 15, 1994.

(1) "EPA" means the United States
Environmental Protection Agency or
the Administrator of U.S.
Environmental Protection Agency.

(2) "Hazardous air pollutant" means any
pollutant listed under Section 1 12(b) of
the federal Clean Air Act.

(3) "MACT" means maximum achievable
control technology.

(4) "Maximum achievable control
technology" means:

(A) for existing sources,

(11 a MACT standard that EPA has
proposed or promulgated for a
particular category of facility or

source.
(ii) the average emission limitation
achieved by the best performing
12 percent of the existing facilities
or sources for which EPA has
information if the
of source
or

emissions

(iii)

particular category

contains 30 or more sources _

the average emission limitation

achieved by the best performing

five facilities or sources for which

EPA has emissions information if

the particular category of source

contains fewer than 30 sources, or

for new sources, the maximum degree

of reduction in emissions that is

deemed achievable but not less

stringent than the emission control

that is achieved in practice by the best

controlled similar source.

(5) "Modification" means any physical

change in, or change in the method of

operation of, a facility which increases

the actual emissions of any hazardous

air pollutant emitted by that facility by

more than a de minimis amount

specified in 40 CFR Part 63 or which

results in the emissions of any

hazardous air pollutant not previously

emitted by that facility by more than a

de minimis amount specified in 40 CFR

Part 63.

(d) If EPA fails to promulgate a standard for a
category of source under Section 1 12 of the federal
Clean Air Act by the date established pursuant to
Sections 1 12(e)(1) and (3) of the federal Clean Air
Act, the owner or operator of any source in such
category shall submit, within 18 months after such
date, a permit application to the Director to apply
MACT to such sources. Sources subject to this
Paragraph shall be in compliance with this Rule
within three years from the date that the permit is
issued.

(e) The owner or operator of an existing facility
shall apply MACT to all sources m that facility
that are modified or involved in a modification.
MACT for new sources shall be a pplied to sources
at an existing facility that is constructed or
reconstructed.

(f) The owner or operator of any new facility
shall apply MACT to the new facility before
beginning operation.

Saturn- Aidwrity GS 143-21 5. 3(aXV; 143-215. 107(a)(5),(10).

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SUBCHAPTER 2H - PROCEDURES FOR
PERMITS: APPROVAL

SECTION .0600 - AIR QUALITY PERMITS

.0601 PURPOSE AND SCOPE

fa) — The following source s or activities arc not
likely to contravene any applicable ambient air
quality or emission control standard, and therefore,
are not required to obtain a permit:

(4-) air conditioning or comfort ventilation

systems — which — de — net — tran s port,

remove, ef exhaust product ef

byproduct to the atmosphere;

(3) combustion — sources — se rving — heating

systems which provide comfort heat for
residences;

used for chemical

(4>-

<**-

laboratory equipment
or physical analysis;

nonstationary internal combustion

engines and vehicles;

equipment which emits only nitrogen,

oxygen, — carbon — dioxide, — ef — water

vapor;
{6} maintenance — ef — repair — ©f- — existing

equipment that does not result in an

increas e — te — the — emi ss ion — of- — mr

pollutants;
£7) replacement of existing equipment with

like equipment of same size, type, and

function that does — net — re s ult — in an

-B&-

lncrcase — te — we — emiss i on — ef — aw
pollutants and that is described by the

current permit, including the

application, — except — for characteristics
that could not affect pollution control,
for example, serial numbers;
s mudge — pets — fef — orchards — ef — small
outdoor — heating — devices — te — prevent
freezing of plants;

{9} f-aei burning equipment firing

exclusively gaseou s fuel with th e total
heat input rating of 250 million BTU
per hour or less;

f+0) f-uei burning equipment firing

exclu s ively No. 1 or No. 2 fuel oil with
the total heat input rating of 100 million
BTU per hour or less;

fl-B fuel burning equipment firing a mixture

of ga s eou s fuel. No. 1 fuel oil or No. 2
fuel oil, in any proportion, with the
total heat input rating of 100 million
BTU per hour or less;

f43) &fty incinerator covered under

Paragraph (d) of 15A NCAC 2D .1201.

ibj The — owner — ef — operator of any — source

required to have a permit may request the Director
to exempt the source from — having to have a
permit. — The request shall be in writing. — Along
with the request, — the owner or operator shall
submit supporting documentation to show that air
quality and emis s ion control standards will not be,

fief — afe — likely — te — be-, — contravened. If the

documentation shows to the satisfaction of the
Director that air quality and emission control
standards — w+H — net — be; — nef — afe — likely — te — ber
contravened, a permit s hall not be required.

(e) — The owner or operator of all sources for
which there i s an ambient air quality or emission
control standard that is not exempted by Paragraph

(a) or (b) of this Rule shall apply for a permit.
The owner or operator of a source required to
have a permit shall — not begin constructing or
operating the source — if it i s a new source or
modify the source — if it — is — an existing — source
without fir s t obtaining a permit.

{4) — Any person who constructs or modifie s a
complex source subject to 15A NCAC 2D .0800
s hall obtain a permit in accordance with Rules
.0602 through .0609 of this Section. If the source
i s excepted in 15A NCAC 2D .0800, a permit
shall not be required.

{ej — Any exemption allowed by Paragraph (a) or

(b) of this Rule docs not apply to sources subject
to 15A NCAC 2D .0524, .0525, or .0530. The
owner or operator of these sources shall obtain a
permit before beginning construction or operation.

Statutory Authority G. S.
143-215.108; 143-215.109.

143-215. 3(a)(1);

.0602 DEFINITIONS

Unless the context otherwise requires, the terms
used in this Section shall be used as defined in
G.S. 1 4 3 213 and as follows:

<+H

"Director" — means the Director of the
Division of Environmental Management.

(3} "Plan3 — aftd — Specifications" — means — the

completed application (AQ 22 or AQ 81)
and any — other documents — required to
define the operating condition s of the air
pollution source.

{4) "To Alter or Change" means to modify

equipment — ef — processes — ef- — existing

facilities. This — includes — equipment

addition s , deletions, adju s tments, and/or
operational — practices — which — increase
emission s or affect the compliance s tatu s
of the equipment or process.

f+) "Source" means the origin of emis s ion of

2267

8:23

NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

<&-

an air pollutant.

"Staff" means the air quality section,

Division of Environmental Management,

or its successor,

"Maximum feasible control" means the

maximum degree of reduction for each

pollutant — subject to — regulation — m — this

Section using the best technology that is

available — talcing — mte — account, — en— a

case — b-y — case — basis, energy,

environmental, and economic impacts and
other costs.

Statutory Authority G.S. 143-213; 143-215. 3(a)(1).

.0603 APPLICATIONS

(a) Permit — applications — sflaH — be — made — kt

duplicate on official forms of the Director and
s hall include plans and s pecifications giving all
necessary data and information as required by the
application form. These application forms shall be
used: air contaminant sources Form AQ 22, and
complex sources Form AQ 81. These forms may
be obtained by writing to the address in Paragraph

fb) — of this — Rule. Whenever the — information

provided — efl — these — forms — docs — net — adequately
describe the source and its air pollution abatement
equipment, — the Director may request that the
applicant provide any other information that the
Director considers necessary to evaluate the source
and its air pollution abatement equipment.

(b) A permit or permit renewal application shall
be filed in writing with the Director, Division of

Environmental Management, Department of

Environment, Health, and Natural Resources, P.O.
Box 29535, Raleigh, North Carolina 27626 0535.
Application — fef — permit — renewal — er — ownership
transfer may be by letter to the Director, if no
alteration or modification has been mad e to the

refundable

originally permitted source. A non refundable

permit application proce ss ing fee shall accompany

eaeh — application.

The — permit — application

proce s sing fee rates arc in Rule — .0609 of this
Section. — Each permit or renewal application is
incomplete until the permit application processing
fee is received.

fe) — Before acting on any permit application, the
Director may request any information from an
applicant and conduct any inquiry or investigation
that — be — considers — necessary — and — require — the
submission of plans and s pecifications.
{4j — Before issuing any permit for:

fH a source to which 15A NCAC 2D

.0530 or .0531 applie s ,
f2) a source whose emis s ion limitation is

based on a good engineering practice
stack height that exceeds the height

defined fn 1-SA NCAC 3rD

.0533(a)( 4 )(A), (B), or (C),

f£) a — requirement — fef — controls — more

stringent than the applicable emission
standards in 15A NCAC 2D .0500 in
accordance with 15A NCAC 2D .0501.
©f

f4) any other source that may be designated

by the — Director based on significant
public interest,
the — information — s ubmitted — by — the — owner — er
operator, as well as the agency's analysis of the
effect — efl — ambient — mr — quality, — sftaH — be — made
available — for public inspection — in at lea s t — ene

location in the region affected. This shall be

accomplished by publi s hing in the region affected
a notice by prominent advertisement which shall
provide a 30 day period for submittal of public
comment and an opportunity for a public hearing
request. Confidential material will be handled in
accordance with G.S. 1 4 3 215.3(a)(2).

fe) — A public hearing s hall be held before the
issuance of any permit containing any one of these
conditions:

fT) any physical or operational limitation

on the capacity of the source to emit a
pollutant, including air pollution control
equipment and restrictions on hours of
operation or on the type or amount of

material combusted, stored, ef

processed, when such limitations are
necessary to assure that rules in 15A
NCAC 2D .0900 do not apply in
accordance with 15A NCAC 2D .0901
and .0902;

f2} an allowance of control s different than

the applicable emission s tandards in
15A NCAC 2D .0900 in accordance
with 15A NCAC 2D .0952;

Qj afl alternate compliance schedule

promulgated in accordance with — 1-SA
NCAC 2D .0910;

f4) the quantity of s olvent borne ink that

may be u s ed by a printing unit or
printing — systems — i-n — accordance — wtth
15A NCAC 2D .0936; or

iSj an allowance of a particulate emission

rate of 0.08 grains per dry standard
cubic foot for incinerators constructed
before July 1, 1987, in accordance with
15A NCAC 2D .1205(b)(2).
The public hearing shall be preceded by a 30 day
period of public notice during which the agency's

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2268

PROPOSED RULES

analy s is and draft permit shall be available for
public in s pection in the appropriate regional office.
If and when a permit containing these conditions is
issued, it will become a part of the North Carolina
State Implementation Plan for Air Quality (SIP) as
an appendix available for in s pection at Department
of Environment, Health, and Natural Resources
regional offices. — The permit will be submitted to
the — hk&. — Environmental — Protection Agency for
inclusion as part of the federally approved s tate
implementation plan.

(f) In a permit application for an alternative mix
of controls under 15A NCAC 2D .0501(f), the
owner or operator of the facility shall demonstrate
to the satisfaction of the Director that the proposal
is equivalent to the existing requirements of the
S*P — m — total — allowed — emissions, — enforceability,
reliability, and environmental impact.

t++-

With the exception stated m

Subparagraph (2) of this Paragraph, a
public hearing shall be held before any
permit containing alternative emission

limitation s — is — issued. The — public

hearing s hall be preceded by a 30 day
period of public notice during which the
agency's analysis and draft permit shall
be available for public inspection and
comment — m — the appropriate — regional
office. — If and when a permit containing
these — conditions — ts — issued. — it — wtH-
b e come — a — part — ef- — the — SH> — as — aa
appendix available for inspection at the
department's regional office s . Until

tee

U.S. — Environmental — Protection

-the — Stf>

Agency — (EPA) — approves — me-

revi s ion embodying the permit

containing — eta — alternative — m+* — ef
control s , the facility shall continue to
meet the otherwise applicable existing

SIP requirements. The revision will

be approved by EPA on the basis of the

revision's consistency with EPA's

"Policy fef Alternative Emission

Reduction Options Within State

Implementation Plans" as promulgated
in the Federal — Register of December
11, 1979, pages "ll 780 717 88 . and
subsequent rulings.

f2-) The permit applicant(s) may choo s e to

provide a written acknowledgment that
the emission rate limitation s or control
techniques allowed under an alternative
mix of controls involving only volatile

organic compound s ar-e f u 1 1 y

enforceable by EPA as a part of the SIP

and — may — be — enforced — pursuant — te
Section 30 4 (a) of the federal Clean Air
Ash — The acknowledgment shall also
bind the source owner's successors. — tf
the acknowledgment is provided to the
Director, — the — Director will — promptly
transmit to EPA a copy of the permit
application. — Before the Director issues
the permit, — there shall — be a — 30 day
period of public notice during which the
agency's analysis and draft permit shall
be available for public inspection and
comment — in the appropriate — regional

office. If and when such permit is

issued, — the — Director — wtH — promptly
tran s mit a copy to EPA. — The owner or
operator — ef- — a — s ource — located — m — a
nonattainment — afea — fef — ozone — as

designated by the Environmental

Protection Agency may not initiate the
use of this option after November 30,
1989; he shall follow the procedures set
eat — tft — Subparagraph — fT) — ef- — this
Paragraph.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 108; 143-215. 109.

.0604 FINAL ACTION ON PERMIT
APPLICATIONS

fa) — The Director may:

{+) issue a permit or a renewal containing

the conditions necessary to carry out
the — purposes — of G.S. — Chapter — ±43-,
Article 21B;

modify — ef — revoke — aay — permit — upon
giving 60 days notice to the person
affected;

hVj deny — a — permit — application — when

necessary to carry out the purpo s e s of

G.S. Chapter 1 4 3. Article 21B.

{&) — Any person whose application for a permit

or renewal — is denied or is granted subject to

conditions which arc unacceptable to him or whose

permit is modified or revoked shall have the right

to a hearing. The per s on will — have — 30 days

following the notice of the Director's deci s ion on
the application in which to request the hearing.

Statutory Authority G.S.
143-215.109; 143-21 5. 3(a)(1).

143-215.108;

.0605 ISSUANCE: REVOCATION: AND
ENFORCEMENT OF PERMITS

(a) — Permits shall be is s ued or renewed for a

2269

8:23

NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

period — of time — con s idered — reasonable — by — the
Director, but period s hall not exceed five year s .

{b} — Any permit or permit renewal is s ued under
this Regulation may be revoked or modified if:

fl-) the — information — contained — m — the

application — ef — presented — m — support
thereof is determined to be incorrect,

(3) the conditions under which the permit

or permit — renewal — was granted have
changed, or

0) violations of conditions contained in the

permit have occurred, or

{4) the permit holder fails to pay the annual

administering a-n-d compliance

monitoring — fee — required — under — Ru4e
.0609 of this Section within 30 days
after being billed.

Building, Suite 71 4 , Faycttcvillc, North
Carolina 2 8 301;

{&) Washington — Regional — Office, f424

Carolina — Avenue, — Parish — Building,
Washington, North Carolina 27889;

f?) Wilmington Regional Offic e , t2-7

Cardinal Drive Extension, Wilmington,
North Carolina 28 4 05.
{b) — Copies of s uch regulations can be made at
these regional offices for ten cent s ($0.10) per
pager

Statutory Authority G.S. 150B-21.6.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 108; 143-215. 109; 143-215. 114.

.0606 DELEGATION OF AUTHORITY

The Director may delegate the processing of
permit applications and the issuance of permits to
the Chief of the Air Quality Section, the regional
office — supervisor, — ef — the — Assistant — Chief — fef

Permitting as — he considers appropriate. This

delegation shall not include the authority to deny
a permit application or to revoke, — modify, — ef
suspend a permit.

Statutory Authority G.S. 143-21 5. 3(a)(1), (4).

.0607 COPIES OF REFERENCED
DOCUMENTS

{&) Copies — of applicable — Cod e — ef- — Federal

Regulation s sections referred to in this Section and
the North Carolina State Implementation Plan for
Air Quality appendix of conditioned permits are
available for public inspection at D e partment of
Environment, — Health, — and — Natural — Re s ource s
regional offices. — They arc:

i4j Ashcville Regional Office, Interchange

Building, 59 Woodfin Place, Ashcvillc,
North Carolina 28801;

{2-) Win s ton Salem Regional Office, Suite

100, 8025 North Point Boulevard,
Win s ton Salem, North Carolina 27106;

{3} Mooresville Regional Office, 919 North

Main Street, Mooresville, North

Carolina 28115;

{4) Raleigh Regional Office, 3 8 00 Barrett

Drive, Po s t Office Box 27687, Raleigh,
North Carolina 27611;
{§-) Faycttcvillc Regional Office, Wachovia

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2270

PROPOSED RULES

.0609 PERMIT FEES

(a} — For the purposes of this Rule, the following definitions apply:

f4-) "Allowable emissions" mean s th e actual emissions that are permitted to occur if the source were

to operate constantly under maximum permitted condition s . Sources may request permit

condition s that limit emissions to less than regulation allowable or that re s trict operations. — if
neither a rule nor a permit limiting emis s ion s from a particular source specifics an emission rate,
then the allowable emissions shall be the actual emi ss ions that are expected to occur if the source
were to operate constantly under maximum conditions allowed by the permit. — When a new
source is added to an existing facility, the allowable emis s ions for the facility shall be the sum
of the new and existing sources.

f2-) "Complex source" means a source requiring a permit under Section 15A NCAC 2D .0800.

{-3-) "Major facility" means any plant site where the allowable emi ss ions of any one regulated

pollutant under Subchapter 2D of this Title arc 100 tons per year or more, except a site that is
only a complex source.

{4} "Minor facility" means any plant site where the allowable emissions of each regulated pollutant

under Subchapter 2D of this Title are each le ss than 100 ton s per year, except a site that is only
a complex source.

{5j "NESHAP source" means a source subject to a national emission standard for hazardous air

pollutants in Rule 15A NCAC 2D .0525.

(6) "NSPS source" mean s a source subject to a new source performance standard in Rule 15A

NCAC 2D .052 4 .

0) "PSD facility" means a plant site having one or more sources subject to the prevention of

significant deterioration requirements of Rule 15A NCAC 2D .0530 or a plant site applying for
a permit for a major stationary source or a major modification subject to Rule 15 A NCAC 2D
.0530.
fb) — The following fees shall be charged for processing an application for an air permit and for
administering and monitoring compliance with the term s of an air permit:

PERMIT APPLICATION ANNUAL ADMINISTERING AND

PROCESSING FEE COMPLIANCE MONITORING FEE

SIMPLE m

CATEGORY STANDARD RENEWAL STANDARD COMPLIANCE

Minor facility $-50 $-25 $-350 $-490

Minor facility with
an NSPS sourc e 60 35 500 380

Major facility IO0 75 850 640

PSD facility 400 IO0 h^75 h030

Facility with a
NESHAP sourc e 100 75 850 640

Compl e x source tO0 850 640

If q facility or sourc e b e longs to mor e than on e category, the fees shall b e tho se of th e applicabl e cat e gory
with th e highest fees. — No f ee s ar e r e quir e d to be paid under thi s Rul e by a farm e r who submits an
application or r e ceiv e s a p e rmit that p e rtains to his farming op e rations. If th e total paym e nt for fees r e quir e d
for all p e rmits under G.S. 1 4 3 215.3(a)(lb) for any singl e facility will e xc ee d s e ven thousand five hundr e d
dollars ($7,500.00) p e r y e ar, th e n th e total for all thes e fees will b e r e duc e d for this facility so that th e total
paym e nt is s e v e n thousand five hundr e d dollars ($7,500.00) p e r y e ar.
fe-) — The standard p e rmit application proce ss ing f ee li s t e d in Paragraph (b) of this Rul e is requir e d for

2271 8:23 NORTH CAROLINA REGISTER March 1, 1994

PROPOSED RULES

technical changes such a s changing the location of a source; adding additional emi ss ion s ources, pollutanta,
or control equipment; or changing a permit condition such that a change in air pollutant emissions could
result. A simple renewal permit application proce s sing fee is required for permit renewals without technical
changes. A twenty five dollar ($25.00) permit application proce ss ing fee i s required for administrative
changes such as ownership transfers, construction date changes, test date changes, or reporting procedure
changes. — No permit application proce ss ing fee is required for changes to an unexpired permit initiated by
the Director to correct processing error s , to change permit conditions, or to implement new standards.

{d) If a facility — has been in full compliance with all — applicable administrative, — regulatory, — and

self monitoring reporting requirements and permit conditions during the previous calendar year, the annual
administering and compliance monitoring fee shall be that which i s in the "Annual Administering and
Compliance Monitoring Fee In Compliance" column. — A facility shall be considered to have been in
compliance during the previous calendar year if it has not been sent any Notice s of Non compliance or
Notices of Violation during that calendar year. If a Notice of Non compliance or a Notice of Violation was
based on erroneous information, the Director may send a letter of correction to the permittee clearing the
record for compliance purposes. If a Notice of Non compliance or Notice of Violation i s s till in the proces s
of being contested or appealed, the permit holder shall pay the in compliance fee. — At the conclusion of the
contest or appeal process the permit holder s hall pay the difference between the standard fee and in
compliance fee unless the notice is found to be erroneous.

(c) If the actual emi s sions of each pollutant from a minor facility arc no more than three tons during the
previous calendar year, the permit holder need not pay the annual admini s tering and compliance monitoring
fee provided that actual emi ss ion s continue to be no more than three ton3 during the annual period for which
the fee is being billed.

{#) — Payment of permit application processing fee s and annual administering and compliance monitoring
fees shall be by check or money order made payable to the N.C. Department of Environment, Health, and
Natural Resources. — The payment should refer to the air permit application or permit number.

(g) — The payment of the permit application processing fee required by Paragraph (b) or (c) of this Rule
shall accompany the permit, permit renewal, or permit modification application and is non refundable. — If
the permit application processing fee is not paid when the application i s filed, the application shall be
considered incomplete until the fee is paid.

{¥) — The initial annual administering and compliance monitoring fee s hall be paid in accordance with
Paragraph (m) of this Rule when a permit, modified permit, or renewed permit is issued for which a permit
application processing fee s pecified in Paragraph (b) or (c) of this Rule has been paid. — For complex s ource s
only an initial annual administering and compliance monitoring fee s hall be paid; no s ub s equent annual
administering and compliance monitoring fee is necessary for complex sources unless technical changes are
made in the permit.

(i) If a permit or permit modification results in changing the category in which a facility belongs, the next
annual admini s tering and compliance monitoring fee s hall be paid for category in which the facility belongs
after the permit or permit modification is issued.

tj) — Any permit holder claiming exemption under Paragraph (e) of thi s Rule shall certify to the Director
within 30 days after being billed that the actual emi s sions of each pollutant from the facility are no more
than three tons during the previous calendar year.

(k) — A facility which has not begun operation s or which has ceased all operations at a sit e s hall not be
required to pay the next annual administering and compliance monitoring fee provided operations arc not
resumed during that annual period. — Any resumed operations shall necessitate the payment of the entire
annual fee. — A facility that is moved to a new site may receive credit for any unused portion of an annual
administering and compliance monitoring fee if the permit for the old site is relinquished. Only one annual
administrative and compliance monitoring fee needs to be paid annually for each permit.

{4j — A fee payer with multiple permits may arrange to consolidate the payment of annual administrative
and compliance monitoring fees into one annual payment.

{mj — If, within 30 days after being billed, the permit holder fails to pay an annual admini s tering and
compliance monitoring fee or fail s to certify an exemption under Paragraphs (c) and (j) or (k) of this Rule,
the Director may initiate action to revoke the permit.

(n) In order to avoid violation of the s tatutory limit that total permit fee s collected in any year not exceed
30 percent of the total budget from all sources of environmental permitting and compliance programs, the
Division shall in the first half of each state fiscal year project revenues from all sources including fee s for

8:23 NORTH CAROLINA REGISTER March 1, 1994 2272

PROPOSED RULES

the next fiscal year. — If this projection shows that the statutory limit will be exceeded, rulemaking shall be
commenced in order to have an appropriately adjusted fee schedule which will avoid excessive revenue
collection from permit fc esr

Statutory- Authority G.S. 143-215. 3(a)(1), (la), (lb).

SUBCHAPTER 2Q - AIR QUALITY
PERMIT PROCEDURES

SECTION .0100 - GENERAL PROVISIONS

.0101 REQUIRED AIR QUALITY PERMITS

(a) No owner or operator shall do any of the
following activities, that js not otherwise
exempted, without first applying for and obtaining
an air quality permit:

(1) construct, operate, or modify a source
subject to an applicable standard,
requirement, or rule that emits any
regulated pollutant or one or more of
the following:

(A) sulfur dioxide,

(B) total suspended particulates,

(D) carbon monoxide,

(E) nitrogen oxides,

(F) volatile organic compounds,

(G) lead and lead compounds,
(H) fluorides,

(I) total reduced sulfur,

(J) reduced sulfur compounds,

(K) hydrogen sulfide,

(L) sulfuric acid mist,

(M) asbestos,

(N) arsenic and arsenic compounds,

(O) beryllium and beryllium compounds,

(P) cadmium and cadmium compounds,

(Q) chromium(VI) and chromium(VI)

compounds,
(R) mercury and mercury compounds,
(S) hydrogen chloride.
(T) vinyl chloride,
(U) benzene,
(V) ethylene oxide,
(W) dioxins and furans,
(X) ozone, or
(Y) any toxic air pollutant listed in 15A

NCAC 2D .1104:

(2) construct, operate, or modify a facility
that has the potential to emit at least 10
tons per year of any hazardous air
pollutant or 25 tons per year of all
hazardous air pollutants combined or
that are subject to requirements
established under the following sections

(A)

£Q

IE]
IEi

(Gj

of the federal Clean Air Act:
Section 1 12(d), emissions standards;
Section 1 12(f), standards to protect
public health and the environment;
Section 1 12(g), modifications (but
only for the facility subject to Section
112(g)(2);

Section 1 12(h), work practice
standards and other requirements;
Section 1 12(i)(5), early reduction;
Section 1 12(j), federal failure to
promulgate standards;
Section 1 12(r), accidental releases; or
(3) enter into an irrevocable contract for
the construction, operation, or
modification of an air-cleaning device.

(b) There are two types of air quality permits:

(1) Stationary Source Construction and
Operation Permit: The owner or
operator of a new, modified, or existing
facility or source shall not begin
construction or operation without first
obtaining a construction and operation
permit in accordance with the standard
procedures under Section .0300 of this
Subchapter. Title V facilities are
subject to the Title V procedures under
Section .0500 of this Subchapter
including the acid rain procedures
under Section .0400 of this Subchapter.

A facility may also be subject to the
air toxic procedures under 15A NCAC
2H .0610.

(2) Transportation Facility Construction
Permit. The owner or operator of a
transportation facility subject to the
requirements of j_5A NCAC 2D .0800
shall obtain a construction only permit
following the procedures under Section
.0600 of this Subchapter.

Statutory Authority G.S. 143-21 5. 3(a)(1):
143-215.108; 143-215.109.

.0102 ACTIVITIES EXEMPTED FROM
PERMIT REQUIREMENTS

(a) If a source is subject to any of the following

2273

8:23

NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

rules, then the source is not exempted from permit
requirements, and the exemptions in Paragraph (b)
of this Rule do not a pply:

(1) new source performance standards
under 15A NCAC 2D .0524 or 40 CFR
Part 60, except new residential wood
heaters;

(2) national emission standards for
hazardous air pollutants under 15A
NCAC 2D .0525 or 40 CFR Part 61,
except asbestos demolition and
renovation activities;

(3) prevention of significant deterioration
under 15A NCAC 2D .0530;

(4) new source review under 15A NCAC
2D .0531 or .0532;

(5) sources of volatile organic compounds
subject to the requirements of 15A
NCAC 2D .0900 that are located in
Mecklenburg and Gaston Counties;

(6) sources required to apply maximum
achievable control technology for
hazardous air pollutants under 15A
NCAC 2D . 1 109 or under 40 CFR Part
63 or to apply generally available
control technology (GACT) or work
practice standards for hazardous air
pollutants under 40 CFR Part 63; or

(7) sources at facilities subject to 15A
NCAC 2D .1100.

(b) The following activities do not need a permit
or permit modification under this Subchapter;
however, the Director may require the owner or
operator of these activities to register them under
15A NCAC 2D .0200:

(1) activities exempted because of category:
(A) maintenance, upkeep, and
replacement:

maintenance, structural changes,
or repairs which do not change
the capacity of such process,
fuel-burning, refuse-burning, or
control equipment, and do not
involve any change in quality or
nature or increase in quantity of
emission of regulated air
pollutants;

housekeeping activities or building
maintenance procedures, including
painting buildings, resurfacing
floors, roof repair, washing,
portable vacuum cleaners,
sweeping. use of janitorial
products, or insulation removal;
use of office supplies, supplies to

(Y)
(vi)

iii

ill)

liii)

maintain copying equipment, or
blueprint machines,
use of fire fighting equipment;
paving parking lots; or
replacement of existing equipment
with equipment of the same size,
type, and function that does not
result in an increase to the actual
or potential emission of regulated
air pollutants and that does not
affect the compliance status, and
with replacement equipment that
fits the description of the existing
equipment in the permit, including
the application, such that the
replacement equipment can be
operated under that permit without
any changes in the permit that is
described in the current permit,
including the application, except
for characteristics that could not
affect air pollution control (for
example, serial numbers);

(B) air conditioning or ventilation:
comfort air conditioning or comfort
ventilating systems which do not
transport, remove, or exhaust
regulated air pollutants to the
atmosphere;

(i) laboratory equipment used
exclusively for chemical or
physical analysis for quality
control purposes, water or
wastewater analyses, or
environmental compliance
assessments;

(ii) non-production laboratory
equipment used at non-profit
health or non-profit educational
institutions for chemical or
physical analyses, bench scale
experimentation or training, or
instruction; or

(iii) laboratory equipment used for
chemical or physical analysis for
bench scale experimentation,
training, instruction, or research
and development that is not
required to be permitted under
Section .0500 of this Subchapter;

(D) storage tanks:

(i) storage tanks used solely to store
fuel oils, kerosene, diesel. crude
oil, used motor oil, natural gas.

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March 1, 1994

2274

PROPOSED RULES

or liquified petroleum gas;

fii) storage tanks used to store
gasoline for which there are no
applicable requirements except
Stage 1 controls under 15A NCAC
2D .0928;

(iii) storage tanks used solely to store
inorganic liquids; or

(iv) storage tanks or vessels used for
the temporary containment of
materials resulting from an
emergency response to an
unanticipated release of hazardous
materials;

(E) combustion and heat transfer
equipment:

(i) space heaters burning distillate
oil, kerosene, natural gas, or
liquified petroleum gas operating
by direct heat transfer and used
solely for comfort heat;

(ii) residential wood stoves, heaters,
or fireplaces;

(iii) hot water heaters which are used
for domestic purposes only and
are not used to heat process
water;

(F) wastewater treatment processes:
industrial wastewater treatment
processes or municipal wastewater
treatment processes for which there
are no applicable requirements;

(G) gasoline distribution: gasoline service
stations or gasoline dispensing
facilities that are not required to be
permitted under Section .0500 of this
Subchapter;

(H) miscellaneous:

(i) motor vehicles, aircraft, marine
vessels, locomotives, tractors or
other self-propelled vehicles with
internal combustion engines;

(ii) equipment used for the
preparation of food for direct
on-site human consumption;
a source whose emissions are

mil

iY)

regulated only under Section

112(r) or Title VI of the federal

Clean Air Act that is not required

to be permitted under Section

.0500 of this Subchapter;

exit gases from in-line process

analyzers;

stacks or vents to prevent escape

of sewer gases from domestic

(vii)

waste through plumbing traps;
refrigeration equipment that is
consistent with Section 601
through 618 of Title VI
(Stratospheric Ozone Protection)
of the federal Clean Air Act, 40
CFR Part 82, and any other
regulations promulgated by EPA
under Title VI for stratospheric
ozone protection, except those
units used as or in conjunction
with air pollution control
equipment;
equipment

not vented to

outdoor atmosphere with

the
the

exception of equipment that emits
volatile organic compounds;
(viii) equipment that does not emit any

regulated air pollutants; or
(ix) sources for which there are no
applicable requirements.
(2) activities exempted because of size or
production rate:

(A) storage tanks:

(i) above-ground storage tanks with a
storage capacity of no more than
1 100 gallons storing organic
liquids, excluding hazardous air
pollutants, with a true vapor-
pressure of no more than 10.8
pounds per square inch absolute at
70° F: or

(ii) underground storage tanks with a
storage capacity of no more than
2500 gallons storing organic
liquids, excluding hazardous air
pollutants, with a true vapor
pressure of no more than 10.8 psi
absolute at 70J1 Fj.

(B) combustion and heat transfer
equipment:

(i) fuel combustion equipment for
which construction, modification,
or reconstruction commenced
after

June

1989, firing

exclusively kerosene. No. 1 fuel
oil. No. 2 fuel oil, equivalent
unadulterated fuels, natural gas,
liquified petroleum gas, or a
mixture of these fuels with a total
heat input rating less than 10
million BTU per hour;
fuel combustion equipment for
which construction, modification,
or reconstruction commenced

2275

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PROPOSED RULES

before June 10, 1989, firing

exclusively:

(I) kerosene

2 fuel

No. 1 fuel oil. No.
oil, equivalent
unadulterated fuels, or a
mixture of these fuels with
gaseous fuels with a total heat
input rating less than 30
million BTU per hour;
(II) natural gas or liquefied
petroleum gas with a total heat
input rating less than 65
million BTU per hour;
(iii) space heaters burning waste oil if:

(I) The heater burns only oil that
the owner or operator
generates or used oil from
do-it-yourself oil changers who
generate used oil as household
wastes;

(II) The heater is designed to have
a maximum capacity of not
more than 500,000 Btu per
hour; and

(III) The combustion gases from the
heater are vented to the
ambient air;

(iv) emergency use generators and
other internal combustion engines,
except self-propelled vehicles, that
have a rated capacity of no more
than:
(I) 310 kilowatts or 460
for natural

(IT) 830

horsepower
gas -fired engines,
830 kilowatts

1150

horsepower for liquified
petroleum gas-fired engines, or
(III) 340 kilowatts or 410
horsepower for diesel-fired
engines;

(C) gasoline distribution: bulk gasoline
plants with an average daily
throughput of less than 4000 gallons
that is not required to be permitted
under Section .0500 of this
Subchapter;

(D) processes: printing, paint spray booths
or other painting or coating operations
without air pollution control devices
(water wash and filters that are an
integral part of the paint spray booth
are not considered air pollution
control devices) located at a facility
whose facility-wide actual emissions

of:

(i) Volatile organic compounds are
less than five tons per year, and

(ii) Photochemically reactive solvent
emissions under 15A NCAC 2D
.0518 are less than 40 pounds per
day;
provided the facility is not required to
be permitted under Section .0500 of
this Subchapter;
(E) miscellaneous:

(i) any source without an air pollu-
tion control device with a poten-
tial to emit no more than five tons
per year of each regulated pollut-
ant that is not a hazardous air
pollutant and whose emissions
would not violate any applicable
emissions standard;

(ii) any facility without an air pollu-
tion control device whose actual
emissions of particulate, sulfur
dioxide, nitrogen oxides, volatile
organic compounds, or carbon
monoxide are each less than five
tons per year and which is not
required to have a permit under
Section .0500 of this Subchapter;

(iii) any facility whose emissions of
any hazardous air pollutant below
its respective de minimis emission
rate in 40 CFR Part 63;

(iv) electrostatic dry powder coating
operations equipp ed with powder
recovery including curing ovens
with a heat input of less than
10,000,000 BTU per hour: or

(v) any incinerator covered under
Paragraph £d) of 15A NCAC 2D
.1201.

(c) Because an activity is exempted from being
required to have a permit does not mean that the
activity is exempted from any applicable require-
ment or that the owner or operator of the source ]s
exempted from demonstrating compliance with any
applicable requirement.

(d) Emissions from stationary source activities
identified in Paragraph (b) of this Rule shall be
included in determining compliance with the toxic
air pollutant requirements under 15A NCAC 2D
.1100 or 2H .0610.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(4); 143-215. 108.

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2276

PROPOSED RULES

.0103 DEFINITIONS

For the purposes of this Subchapter, the

definitions in OS. 143-212 and 143-213 and the

following definitions apply:

(1) "Air Pollutant" means an air pollution

agent or combination of such agents,

including any physical, chemical,

biological, radioactive substance or

matter which is emitted into or otherwise

enters the ambient air. Water vapor is

not considered to be an air pollutant.

"Allowable emissions" mean the

14]

15]

ill

(10)

Oil

(14)

maximum emissions allowed by the

applicable rules contained in 15A NCAC

2D or by permit conditions if the permit

limits emissions to a lesser amount.

"Alter or change" means to make a

modification.

"Applicant" means the person who is

applying for an air quality permit from

the Division.

"Application package" means all elements

or documents needed to make an

application complete.

"CFR" means Code of Federal

Regulations.

"Construction" means change in the

method of operation or any physical

change (including on-site fabrication,

erection. installation, replacement,

demolition, or modification of a source)

that results in a change in emissions or

affects the compliance status.

"Director" means the Director of the

Division of Environmental Management.

"Division" means the Division of

Environmental Management.

"Equivalent unadulterated fuels" means

used oils that have been refined such that

the content of toxic additives or

contaminants in the oil are no greater

than those in unadulterated fossil fuels.

"EPA" means the United States

Environmental Protection Agency or the

Administrator of the Environmental

Protection Agency.

"Facility" means all of the pollutant

emitting activities that are located on one

or more contiguous or adjacent properties

under common control.

" Federally enfo rceab le " or

" federal -enforceable " means enforceable

by EPA.

"Fuel combustion equipment" means any

fuel burning source covered under 15A

NCAC 2D .0503, .0504, .0524(a)(1).
(29), (56). or (65), or .0536.

(15) "Hazardous air pollutant" means any
pollutant which has been listed pursuant
to Section 1 12(b) of the federal Clean Air
Act. Pollutants which are listed only in
15A NCAC 2D .1104 (Toxic Air
Pollutant Guidelines), but not pursuant to
Section 1 12(b), are not included jn this
definition.

(16) "Insignificant activities" means any
activity exempted under Rule .0102 of
this Section.

( 17) "Irrevocable contract" means a contract
that cannot be revoked without substantial
penalty.

(18) "Modification" means any physical
change or change in method of operation
that results in a change [n emissions or
affects compliance status of the source or
facility.

(19) "Owner or operator" means any person
who owns, leases, operates, controls, or
supervises a facility, source, or air
pollution control equipment.

(20) "Permit" means the legally binding
written document, including any revisions
thereto, issued pursuant to G.S.
143-215. 108 to the owner or operator of
a facility or source that emits one or
more air pollutants and that allows that
facility or source to operate jn
compliance with G.S. 143-215.108. This
document specifies the requirements
applicable to the facility or source and to
the permittee.

(21 ) "Permittee" means the person who has
received an air quality permit from the
Division.

(22) "Potential emissions" means the rate of
emissions of any air pollutant which
would occur at the facility's maximum
capacity to emit any air pollutant under
its physical and operational design. Any
physical or operational limitation on the
capacity of a facility to emit an air
pollutant shall be treated as a part of its
design if the limitation is federally
enforceable. Such physical or
operational limitations include air
pollution control equipment and
restrictions on hours of operation or on
the type or amount of material
combusted, stored, or processed.
Potential emissions include fugitive

2277

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NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

(23)
£a)

£b)

lei
(24)

(25)

(26)

(27)

emissions as specified in the definition of
major source in 40 CFR 70.2. Potential
emissions do not include a facility's
secondary emissions such as those from
motor vehicles associated with the facility
and do not include emissions from
insignificant activities listed in Rule
.0102(b)(1) of this Section.
"Regulated air pollutant" means:
nitrogen oxides or any volatile organic
compound;

any pollutant for which there is an
ambient air quality standard under
Section 15A NCAC 2D .0400;
any pollutant regulated under 15A
NCAC 2D .0524 or .0525 or 40 CFR
Part 60, 61, or 63;

any pollutant subject to a standard

promulgated under Section 1 12 of the

federal Clean Air Act or other

requirements established under Section

1 12 of the federal Clean Air Act,

including Section 1 12(g) (but only for

the facility subject to Section 1 12(g)(2)

of the federal Clean Air Act), (j), or (r)

of the federal Clean Air Act; or

any Class I or II substance listed under

Section 602 of the federal Clean Air

Act.

"Source" means any stationary article,

machine, process equipment, or other

contrivance, or combination thereof,

from which air pollutants emanate or are

emitted, either directly or indirectly.

"Toxic air pollutant" means any of the

carcinogens, chronic toxicants, acute

systemic toxicants, or acute irritants that

are listed in 15A NCAC 2D .1104.

"Transportation facility" means a

complex source as defined at G.S.

143-213(22) that is subject to the

requirements of 15A NCAC 2D .0800.

"Unadulterated fossil fuel" means fuel

oils, coal, natural gas, or liquefied

petroleum gas to which no toxic additives

have been added that could result in the

emissions of a toxic air pollutant listed

under 15A NCAC 2D .1104.

Statutory Authority G.S. 143-215. 3(a)(1); 143-212;
143-213.

.0104 WHERE TO OBTAIN AND FILE
PERMIT APPLICATIONS

(a) Official application forms for a permit or

permit modification may be obtained from and
shall be filed in writing with the Director, Division
of Environmental Management, P.O. Box 29535,
Raleigh, North Carolina 27626-0535 or any of the
regional offices listed under Rule .0105 of this
Section.

(b) The number of copies of applications to be
filed are specified in Rules .0305 (construction and
operation permit procedures), .0405 (acid rain
permit procedures), .0507 (Title V permit
procedures), and .0602 (transportation facility
construction air permit procedures) of this
Subchapter.

Statutory Authority G. S.
143-215. 108; 143-215. 109.

143-215. 3(a)(1);

.0105 COPIES OF REFERENCED
DOCUMENTS

(a) Copies of applicable Code of Federal
Regulations (CFR) sections referred to in this
Subchapter are available for public inspection at
Department of Environment, Health, and Natural
Resources regional offices. The regional offices
are:

(1) Asheville Regional Office, Interchange
Building, 59 Woodfin Place, Asheville,
North Carolina 28801;

(2) Winston-Salem Regional Office, Suite
100, 8025 North Point Boulevard,
Winston Salem, North Carolina 27106;

(3) Mooresville Regional Office, 919 North
Main Street, Mooresville, North

Carolina 281 15;

£4)

£5)

£6)

Raleigh Regional Office, 3800 Barrett
Drive, Post Office Box 27687, Raleigh,
North Carolina 28115;
Favetteville Regional Office, Wachovia
Building, Suite 714, Favetteville, North
Carolina 28301;

Washington Regional Office, 1424
Carolina Avenue, Farish Building,
Washington, North Carolina 27889;
Wilmington Regional Office, 7225
Wrightsville Avenue, Wilmington,
North Carolina 28403.

(b) Permit applications and permits may be
reviewed at the Central Files office in the
Archdale Building, 512 North Salisbury Street,
Raleigh, North Carolina, excluding information
entitled to confidential treatment under Rule .0107
of this Section.

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2278

PROPOSED RULES

Statutory Authority G.S. 143-215. 3(a)(1);
150B-19(5).

.0106 INCORPORATION BY REFERENCE

(a) Referenced CFR contained in this Subchapter
are incorporated by reference.

£b) The CFR incorporated by reference In this
Subchapter shall automatically include any later
amendments thereto unless a specific rule specifies
otherwise,

(c) The CFR may be purchased from the
Superintendent of Documents, RO. Box 371954,
Pittsburgh, PA 15250. The cost of the 40 CFR
Parts 61 to 80 is fourteen dollars ($14.00).

Statutory Authority G.S. 143-215. 3(a)(1);
150B-21.6.

.0107 CONFIDENTIAL INFORMATION

(a) All information required to be submitted to
the Commission or the Director under this
Subchapter or Subchapter 2D of this Title shall be
disclosed to the public unless the person submitting
the information can demonstrate that the
information is entitled to confidential treatment
under G.S. 143-215. 3(a)(2).

(b) A request that information be treated as
confidential shall be made by the person
submitting the information at the time that the
submittal is made. The request shall state in
writing reasons why the information should be
held confidential. Any request not meeting these
requirements shall be invalid.

(c) The Director shall make a preliminary
determination of which information is entitled to
confidential treatment and shall notify' the person
requesting confidential treatment of his decision
within 90 days of receipt of a request to treat
information as confidential.

(d) Information necessary to determine
compliance with standards contained in 15A
N'CAC 2D or permit terms and conditions shall not
be held confidential.

ie> Confidential treatment of any information

that has been classified as confidential under this
Rule shall cease five years following the date of
the Director's determination unless the person who
originally requested confidential treatment, or his
successor, requests that the information continue to
be treated as confidential for another five years.

(f) Any material classified as confidential or
treated as if it were classified as confidential
because of a request for confidential treatment
before February j^ 1994. shall cease to be
classified confidential on February L, 1999, unless

the person, or his successor, who requested
confidential treatment requests that the information
continue to be treated as confidential for another
five years.

Statutory Authority G.S. 143-21 5. 3 (a)(1), (2).

.0108 DELEGATION OF AUTHORITY

The Director may delegate the processing of
permit a pplications and the issuance of permits to
the Deputy Director, the Chief of the Air Quality
Section, the regional office supervisor, any air
quality supervisor in the regional offices, or any
supervisor in the Permitting Branch of the Air
Quality Section as he considers appropriate. This
delegation shall not include the authority to deny
a permit application or to revoke or suspend a
permit.

Statutory Authority G.S. 143-215. 3(a)(1), (4).

.0109 COMPLIANCE SCHEDULE FOR
PREVIOUSLY EXEMPTED
ACTIVLTDZS

(a) If a source has heretofore been exempted
from needing a permit, but because of change m
permit exemptions, it is now required to have a
permit as follows:

( 1 ) If the source is located at a facility that
currently has an air quality permit, the
source shall be added to the air quality
permit of the facility the next time that
permit is revised or renewed,
whichever occurs first.

(2) If the source is located at a facility that
currently does not have an air quality
permit, the owner or operator of that
source shall apply for a permit:

(A) by the schedule in Rule .0506 of this
Subchapter if ffie source is subject to
the requirements of Section .0500 of
this Subchapter, or

(B) by January F, 1998, if the source js
not subject to fhe requirements of
Section .0500 of this Subchapter.

(b) If a source becomes subject to requirements
promulgated under 40 CFR Part 63; the owner or
operator of the source shall apply for a permit:

(1) by August Lj 1994. if fhe source fs
required to apply GACT promulgated
under 40 CFR Part 63 before February'
1. 1994, or

(2) within 180 days after the date of
promulgation:

(A) of a GACT requirement under 40

2279

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NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

CFR Part 63 if the source ]s required
to a pply a GACT promulgated after
January 31, 1994, or
(B) of a maximum achievable control
technology (MACT) requirement
under 40 CFR Part 63 promulgated
after EPA a pproves Section .0500 of
this Subchapter.

Statutory Authority G S.
143-215. 108; 143-215. 109.

143-215. 3(a)(1);

.01 10 RETENTION OF PERMIT AT
PERMITTED FACILITY

The permittee shall retain a copy of all active
permits issued under this Subchapter at the facility
identified in the permit.

Statutory Authority G. S.
143-215.108; 143-215.109.

143-215. 3(a)(1);

.0111 APPLICABILITY DETERMINATIONS

Any person may submit a request in writing to
the Director requesting a determination as to
whether a particular source or facility that the
person owns or operates or proposes to own or
operate is subject to any of the permitting
requirements under this Subchapter. The request
shall contain such information believed to be
sufficient for the Director to make the requested
determination. The Director may request any
additional information that is needed to make the
determination.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 108; 143-215. 109.

SECTION .0200 - PERMIT FEES

.0201 APPLICABILITY

(a) This Section, except for Rule .0207 (Annual

Emissions Reporting) of this Section, is a pplicable:

(1) as of the permit anniversary date on or

after July J^ 1994, to facilities that have

or will have actual emissions of:

100 tons per year or more of at least

one regulated air pollutant;

10 tons per year or more of at least

(A]
ffi]

one hazardous air pollutant; or
25 tons per year or more of

all

hazardous air pollutants combined;

and
(2) as of the permit anniversary date on or
after October J^ 1994, to all facilities
other than the facilities described in

Subparagraph (a)(1) of this Rule.

(b) Before the applicability date of Paragraph (a)
of this Rule, the fees of 15A NCAC 2H .0609 are
in effect.

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb),
(Id); 143-215. 106A; 150B-21.6.

.0202 DEFINITIONS

For the purposes of this Section, the following
definitions apply:

(1) "Actual emissions" means the actual rate
of emissions in tons per year of any air
pollutant emitted from the facility over
the preceding calendar year. Actual
emissions shall be calculated using the
sources' actual operating hours,
production rates, in-place control
equipment, and types of materials
processed, stored, or combusted during
the preceding calendar year. Actual
emissions include fugitive emissions as
specified in the definition of major source
In 40 CFR 70.2. For fee applicability
and calculation purposes under Rule
.0201 or .0203 of this Section and
emissions reporting purposes under Rule
.0207 of this Section, actual emissions do
not include emissions beyond the normal
emissions during violations,
malfunctions, start-ups, and shut-downs,
do not include a facility's secondary
emissions such as those from motor
vehicles associated with the facility, and
do not include emissions from
insignificant activities listed in Rule
■0102(b)( 1 ) of this Subchapter.

(2) "Title V facility" means a facility that has
or will have potential emissions of:

(a) 100 tons per year or more of at least
one regulated air pollutant;

(b) 10 tons per year or more of at least one
hazardous air pollutant; or

If a facility has portions of the facility
classified under different Major Groups
as described in the Standard Industrial
Classification Manual, 1987, the portions
will be evaluated separately with regard
to the thresholds in this definition.

(3) "Synthetic minor facility" means a
facility that would be a Title V facility

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2280

PROPOSED RULES

except that the potential emissions are
reduced below the thresholds in
Paragraph (2) of this Rule by one or
more physical or operational limitations
on the capacity of the facility to emit an
air pollutant. Such limitations must be
enforceable by EPA and may include air
pollution control equipment and
restrictions on hours of operation, the
type or amount of material combusted,
stored, or processed.

(4) "General facility" means a facility
obtaining a permit under Rule .0310 or
.0509 of this Subchapter.

(5) "Small facility" means a facility that ]s
not a Title V facility, a synthetic minor
facility, a general facility, nor solely a
transportation facility.

Statutory Authority G. S. 143. 215. 3(a)(1), (la), (lb),
(Id); 150B-21.6.

.0203 PERMIT AND APPLICATION FEES

(a) The owner or operator of any facility holding a permit shall pay the following permit fees:

ANNUAL PERMIT FEES
(FOR CALENDAR YEAR 1994)

Facility

Category

Modification Modification Modification

Change

Title V

(before Title

V Program)

$700

$50

Title V

(after Title

2281 8:23

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March 1, 1994

PROPOSED RULES

V Program) $7200 $700 50
Title V (PSD

or NSR/NAA) 10900 50
Title V (PSD

and NSR/NAA) 21200 50

Synthetic Minor 400 50

Small 50 25

Transportation 400 50

General 50% of the otherwise applicable fee 25

Permit application fees for Title V facilities shall be adjusted for inflation as described in Rule .0204 of this
Section.

£c] If a facility, other than a general facility, belongs to more than one facility category, the fees shall
be those of the applicable category with the highest fees. If a permit application belongs to more than one
type of application, the fee shall be that of the applicable permit application type with the highest fee.

(d) The tonnage factor fee shall be applicable only to Title V facilities. It shall be computed by
multiplying the tonnage factor indicated in the table in Paragraph (a) of this Rule by the facility's combined
total actual emissions of all regulated air pollutants, rounded to the nearest ton. The calculation shall not
include:

(1) carbon monoxide;

(2) any pollutant that is regulated solely because it is a Class I or II substance listed under Section
602 of the federal Clean Air Act (ozone depletors);

(3) any pollutant that is regulated solely because it is subject to a regulation or standard under
Section 1 12(r) of the federal Clean Air Act (accidental releases); and

(4) the amount of actual emissions of each pollutant that exceeds 4,000 tons per year.

Even though a pollutant may be classified in more than one pollutant category, the amount of pollutant
emitted shall be counted only once for tonnage factor fee purposes and m a pollutant category chosen by
the permittee. If a facility has more than one permit, the tonnage factor fee for the facility's combined total
actual emissions shall be paid only on the permit whose anniversary date first occurs after the date of
application of the fees of this Rule.

(e) The nonattainment area added fee shall be applicable only to facilities located in a nonattainment area
defined in f5A NCAC 2D .0531 (Sources in Nonattainment Areas) and subject to .15A NCAC 2D .0531
or 15A NCAC 2D .0900 (Volatile Organic Compounds).

(f) A Title V (PSD or NSR/NAA) facility is a facility whose application is subject to review under 15A
NCAC 2D .0530 (Prevention of Significant Deterioration) or 15A NCAC 2D .0531 (Sources in
Nonattainment Areas).

(g) A Title V (PSD and NSR/NAA) facility is a facility whose application is subject to review under 15A
NCAC 2D .0530 (Prevention of Significant Deterioration) and 15A NCAC 2D .0531 (Sources to
Nonattainment Areas).

(h) Minor modification permit applications which are group processed require the payment of only one
permit application fee for the group.

(i) No permit application fee is required for renewal of an existing permit, for changes to an unexpired
permit when the only reason for the changes is initiated by the Director or the Commission, for a name
change with no ownership change, for a change under Rule .0523 (Changes Not Requiring Permit
Revisions) of this Subchapter, or for a construction date change, a test date change, a reporting procedure
change, or a similar change.

Statutory Authority G.S. 143-215. 3(a)(1), (la), (lb), (Id); 150B-21. 6.

.0204 INFLATION ADJUSTMENT method shall be altered to account for the fact that

Beginning in 1995, the fees of Rule .0203 of the fees shown in Rule .0203 of this Section are

this Section for Title V facilities shall be adjusted for calendar year 1994. The tonnage factor shall

as of January 1st of each year for inflation. The be rounded to a whole cent and the other fees shall

inflation adjustment shall be done by the method be rounded to a whole dollar,
described in 40 CFR 70.9(b)(2)(iv), except that the

8:23 NORTH CAROLINA REGISTER March 1, 1994 2282

PROPOSED RULES

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb),
(Id); 150B-21.6.

.0205 OTHER ADJUSTMENTS

(a) If a facility other than a Title V facility has
been in full compliance with all applicable
administrative, regulatory, and self-monitoring
reporting requirements and permit conditions
during the previous calendar year, the annual
permit fee shall be 25% less than that listed in
Rule .0203 of this Section. A facility shall be
considered to have been in compliance during the
previous calendar year if it has not been sent any
Notices of Non-compliance or Notices of Violation
during that calendar year.

(b) If a facility changes so that ]ts facility
category changes, the annual fee changes with the
next annual fee.

(c) A facility that is moved to a new site may
receive credit toward new permit fees for any
unused portion of an annual fee if the permit for
the old site is relinquished.

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb),
(Id); 150B-21.6.

.0206 PAYMENT OF FEES

(a) Payment of fees required under this Section
shall be by check or money order made payable to
the N.C. Department of Environment, Health and
Natural Resources. Annual permit fee payments
shall refer to the permit number.

(b) If, within 30 days after being billed, the
permit holder fails to pay an annual fee required
under this Section, the Director may initiate action
to terminate the permit under Rule .0309 or .0519
of this Subchapter, as appropriate.

(d) The permit holder shall submit a written
description of current and projected plans to
reduce the emissions of air contaminants by source
reduction and recycling in accordance with G.S.
143-215. 108(c) along with the annual permit fee
payment. The description shall include a summary
of activities related to source reduction and
recycling and a quantification of air emissions
reduced and material recycled during the previous
year and a summary of plans for further source
reduction and recycling.

(e) The payment of the permit application fee
required by this Section shall accompany the
application and is non-refundable.

(f) The Division shall annually prepare and

make publicly available an accounting showing
aggregate fee payments collected under this
Section from facilities which have obtained or will
obtain permits under Section .0500 of this
Subchapter except synthetic minor facilities and
showing a summary of reasonable direct and
indirect expenditures required to develop and
administer the Title V permit program.

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb),
(Id); 143-215.108; 150B-21.6.

.0207 ANNUAL EMISSIONS REPORTING

The owner or operator of:

UQ a Title V facility; or

(2) any other facility, other than a

transportation facility, that has actual

emissions of 25 tons per year or more of

nitrogen oxides or volatile organic

compounds and that is located in

Davidson, Durham, Forsyth, Gaston,

Guilford, Mecklenburg, or Wake County.

in Dutchville Township in Granville

County, or in that part of Davie County

bounded by the Yadkin River,

Dutchmans Creek, North Carolina

Highway 801, Fulton Creek and back to

the Yadkin River;

shall report by June 30th of each year the actual

and potential emissions of each regulated pollutant,

each hazardous air pollutant, and each toxic air

pollutant that is listed in 15A NCAC 2D .1104,

from each source within the facility during the

previous calendar year. The report shall be in or

on such form as may be established by the

Director. This annual reporting requirement shall
begin with calendar year 1993 emissions. The
accuracy of the report shall be certified by a
responsible official of the facility as defined under
40 CFR 70.2. Reporting may be required for
other facilities by permit condition or pursuant to
15A NCAC 2D .0202 (Registration of Air
Pollution Sources).

Statutory Authority G.S. 143-215. 3(a)(1), (la), (lb),
(Id); 143-215.65; 143-215.107; 143B-282;
150B-21.6.

SECTION .0300 - CONSTRUCTION AND
OPERATION PERMITS

.0301 APPLICABILITY

(a) Except for the permit exemptions allowed
under Rules .0102 and .0302 of this Subchapter,
the owner or operator of a new, modified, or

2283

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PROPOSED RULES

existing facility or source shall not begin
construction or operation without first obtaining a
construction and operation permit in accordance
with the procedures under Section .0300; however.
Title V facilities are subject to the Title V
procedures under Section .0500 including the acid
rain procedures under Section .0400 for Title IV
sources.

(b) The owner or operator of a source required
to have a permit under this Section may also be
subject to the air toxic permit procedures under
15A NCAC 2H .0610.

(c) The owner or operator of a source required
to have a permit under this Section shall pay
permit fees required under Section .0200 of this
Subchapter.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 108.

.0302 FACILITIES NOT LIKELY TO

CONTRAVENE DEMONSTRATION

(a) This Rule applies only to this Section. It
does not apply to Section .0500 (Title V
Procedures) of this Subchapter.

(b) If a facility is subject to any of the following
rules, the facility is not exempted from permit
requirements, and the exemptions in Paragraph (c)
of this Rule do not apply:

(1) new source performance standards
under 15A NCAC 2D .0524 or 40 CFR
Part 60, except new residential wood
heaters;
national emission standards for

12]

hazardous air pollutants under 15A
NCAC 2D .0525 or 40 CFR .Part 61,
except asbestos demolition and
renovation activities;

141

15)

161

prevention of significant deterioration
under 15A NCAC 2D .0530;
new source review under 15A NCAC
2D .0531 or .0532;

sources of volatile organic compounds
subject to the requirements of 15A
NCAC 2D .0900 that are located in
Mecklenburg and Gaston Counties;
sources required to apply maximum
achievable control technology for
hazardous air pollutants under 15A
NCAC 2D .1109 or under 40 CFR Part

ill

63 or to apply generally available

control technology (GACT) under or

work practice standards 40 CFR Part

63;

sources at facilities subject to 15A

NCAC 2D .1100; or
(8) facilities subject to Title V permitting

procedures under Section .0500 of this

Subchapter,
(c) The owner or operator of any facility
required to have a permit under this Section may
request the Director to exempt the facility from the
requirement to have a permit. The request shall
be in writing. Along with the request, the owner
or operator shall submit supporting documentation
to show that air quality and emission control
standards will not be, nor are likely to be,
contravened. This documentation shall include:

(1) documentation that the facility has no
air pollution control devices;

(2) documentation that no source at the
facility will violate any applicable
emissions control standard when
operating at maximum design or
operating rate, whichever is greater;
and

(3) ambient modeling showing that the
ambient impact of emissions from the
facility will not exceed the levels in
15A NCAC 2D .0532(c)(5) when aH
sources at the facility are operated at
maximum design or operating rate,
whichever is greater.

If the documentation shows to the satisfaction of
the Director that air quality and emission control
standards will not be, nor are likely to be,
contravened, a permit shall not be required.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215.108.

.0303 DEFINITIONS

For the purposes of this Section, the following
definitions apply:
(T) "New facility" means a facility that is
receiving a permit from the Division for
construction and operation of a source of
an emissions polluting operation that it is
not currently permitted.
(2) "Modified facility" means a modification
of an existing facility or source and:
(a) The permitted facility or source is being
modified in such a manner as to require
the Division to reissue the permit, or
A new source is being added that

Part (bj A

requires the Division to reissue the

permit.
A modified facility does not include a
facility or source that requests to change
name or ownership, construction or test

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2284

PROPOSED RULES

(4)

iSl

dates, or reporting procedures,

"Plans and Specifications" means the

completed application and any other

documents required to define the

operating conditions of the air pollution

source.

"Title IV source" means a source that is

required to be permitted following the

procedures under Section .0400 of this

Subchapter.

"Title V source" means a source that is

required to be permitted following the

procedures under Section .0500 of this

Subchapter.

Statutory- Authority G.S. 143-213; 143-215. 3(a)(1).

.0304 APPLICATIONS

(a) Permit, permit modification, or permit
renewal applications may be obtained and shall be
filed in writing in accordance with Rule .0104 of
this Subchapter.

(b) Along with filing a complete application
form, the applicant shall also file the following:

(1) for a new facility or an expansion of
existing facility, a consistency
determination in accordance with G.S.
143-215. 108(f) that:

(A) bears the date of receipt entered by
the clerk of the local government, or

(B) consists of a letter from the local
government indicating that all zoning
or subdivision ordinances are met by
the facility;

for a new facility or modification of an
existing facility, a written description of
current and projected plans to reduce
the emissions of air contaminants by
source reduction and recycling in
accordance with G.S. 143-215. 108(g);
and

if required by the Director, information
showing that:
(A) The applicant js financially qualified
to earn,' out the permitted activities.
or

The applicant has substantially
complied with the air quality and
emissions standards applicable to any
activity in which the applicant has
previously been engaged, and has
been in substantial compliance with
federal and state environmental laws
and rules.

(2)

13}

IB)

15A NCAC 2D .0530 (prevention of significant
deterioration) or .0531 (new source review for
sources in nonattainment areas ) , applicants shall
file air permit applications at least 180 days before
the projected construction date. For all other
sources, applicants shall file air permit applications
at least 90 days before the projected date of
construction of a new source or modification of an
existing source.

(d) If no modification has been made to the
originally permitted source, application for permit
renewal or ownership change may be made by
letter to the Director at the address specified in
Rule .0104 of this Subchapter. The renewal or
ownership change letter must state that there have
been no changes in the permitted facility since the
permit was last issued. However, the Director
may require the applicant for ownership change to
submit additional information showing that:

(1) The applicant js financially qualified to
carry out the permitted activities, or
The applicant has substantially complied
with the air quality and emissions
standards applicable to any activity in
which the applicant has previously been
engaged, and has been in substantial
compliance with federal and state
environmental laws and rules.

12}

To make a name or ownership change, the
applicant shall send the Director the number of
copies of letters specified in Rule .0305(3) or £4]
of this Section signed by a person specified in
Paragraph (j) of this Rule.

(e) Application for changes in construction or
test dates or reporting procedures may be made by
letter to the Director at the address specified in
Rule .0104 of this Section. To make changes in
construction or test dates or reporting procedures,
the applicant shall send the Director the number of
copies of letters specified in Rule .0305(5) of this
Section signed by a person specified in Paragraph
1]} of this Rule.

(f) Applicants shall file applications for renewals
such that they are received by the Division at least
90 days before expiration of the permit.

(g) The permittee shall file requests for permit
name or ownership changes as soon as the
permittee is aware of the imminent name or
ownership change.

(h) The applicant shall submit the same number
of copies of additional information as required for
the application package.

(i) Whenever the information provided on the
permit application forms does not adequately
describe the source and its air cleaning device, the

2285

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PROPOSED RULES

Director may request that the applicant provide
any other information that the Director considers
necessary to evaluate the source and its air
cleaning device. Before acting on any permit
application, the Director may request any
information from an applicant and conduct any
inquiry or investigation that he considers necessary
to determine compliance with applicable standards,
(j) Permit applications submitted pursuant to this
Rule shall be signed as follows:

(1) for corporations, by a principal
executive officer of at least the level of
vice-president, or his duly authorized
representative, if such representative is
responsible for the overall operation of
the facility from which the emissions
described in the permit application form
originates;

(2) for partnership or limited partnership,
by a general partner;

(3) for a sole proprietorship, by the
proprietor;

(4) for municipal, state, federal , or other
public entity, by a principal executive
officer, ranking elected official, or
other duly authorized employee.

(k) A non-refundable permit application
processing fee shall accompany each application.
The permit application processing fees are defined
in Section .0200 of this Subchapter. Each permit
or renewal application is incomplete until the
permit application processing fee js received.

£1} The applicant shall retain for the duration of
the permit term one complete copy of the
application package and any information submitted
in support of the application package.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 108.

.0305 APPLICATION SUBMITTAL
CONTENT

(a) If an applicant does not submit, at a
minimum, the following information with his
application package, the application package shall
be returned:

(1) for new facilities

and modified

for new
facilities:

(A) an application fee as required under
Section .0200 of this Subchapter,

(B) a consistency determination as
required under Rule .0304(b)(1) of
this Section,

(D) applications as required under Rule
.0304(a) of this Section and Paragraph
(b) of this Rule and signed as required
by Rule .0304(i) of this Section;

(2) for renewals; two copies of applications
as required under Rule .0304(a) and (d)
of this Section and signed as required
by Rule .0304(i) of this Section;

(3) for a name change: two copies of a
letter signed by the appropriate
individual listed in Rule ,0304(i)
indicating the current facility name, the
date on which the name change shall
occur, and the new facility name;

(4) for an ownership change: an application
fee as required under Section .0200 of
this Subchapter and:

(A) two copies of a letter sent by each the
seller and the buyer indicating the
change, or

(B) two copies of a letter sent by either
bearing the signature of both the
seller and buyer, containing a written
agreement with a specific date for the
transfer of permit responsibility,
coverage, and liability between the
current and new permittee; and

(5) for corrections of typographical errors;
changes in name, address, or telephone
number of any individual identified in
the permit; changes in test dates or
construction dates; or similar minor
changes: two copies of a letter signed
by the appropriate individual listed in
Rule ,0304(j) of this Section describing
the proposed change and explaining the
need for the proposed change.

(b) The applicant shall submit copies of the
application package as follows:

(1) six copies for sources subject to the
requirements of 15A NCAC 2D .0530,
.0531, or .1200; or

(2) three copies for sources not subject to
the requirements of 15A NCAC 2D
.0530, .0531, or .1200.

The Director may at any time during the
application process request additional copies of the
complete application package from the applicant.

Statutory Authority
143-215. 108.

G.S. 143-215. 3(a)(1);

.0306 PERMITS REQUIRING PUBLIC
PARTICIPATION

(a) The Director shall provide for public notice

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March 1, 1994

2286

PROPOSED RULES

for comments with an opportunity to request a

public hearing on draft permits for the following:

(1) any source that may be designated by

the Director based on significant public

interest relevant to air quality;

a source to which 15 A NCAC 2D

£2)
0)

<4j

(5)

161

.0530 or .0531 applies;
a source whose emission limitation is
based on a good engineering practice
stack height that exceeds the height
defined i_n JJA NCAC 2D
.0533(a)(4)(A), (B). or (C);
a source required to have controls more
stringent than the applicable emission
standards in Section 15A NCAC 2D
.0500 in accordance with 15A NCAC
2D .0501 when necessary to comply
with an ambient air quality standard
under 15A NCAC 2D .0400;
any physical or operational limitation
on the capacity of the source to emit a
pollutant, including air cleaning device
and restrictions on hours of operation
or on the type or amount of material
combusted, stored, or processed, when
such a limitation is necessary to avoid
the applicability of rules in 15A NCAC
2D .0900;

alternative controls different than the
applicable emission standards in 15A
NCAC 2D .0900 in accordance with
15A NCAC 2D .0952;

(7) an alternate compliance schedule
promulgated in accordance with 15A
NCAC 2D .0910;
a limitation on the quantity of

solvent-borne ink that may be used by
a printing unit or printing system m
accordance with 15A NCAC 2D .0936;
an allowance of a particulate emission
rate of 0.08 grains per dry standard
cubic foot for an incinerator constructed
before July \^ 1987. in accordance with

18)

(91

15A NCAC 2D .1205(b)(2):

( 10) an alternative mix of controls under
15A NCAC 2D .0501(f);

(11) a source that is subject to the
requirements of _15A NCAC 2D .1109
because of 15A NCAC 2D . 1 109(e): or

( 12) the owner or operator who requests that
the draft permit go to public notice with
an opportunity to request a public
hearing.

(b) Failure of the owner or operator of a source
permitted pursuant to this Rule to adhere to the

terms and limitations of the permit shall be
grounds for:

(1) enforcement action;

(2) permit termination, revocation and
reissuance, or modification; or

(3) denial of permit renewal applications.

(c) All emissions limitations, controls, and other
requirements imposed by a permit issued pursuant
to this Rule shall be at least as stringent as any
other applicable requirement as defined under Rule
.0503 of thjs Subchapter. The permit shall not
waive or make less stringent any limitation or
requirement contained in any applicable
requirement.

(d) Emissions limitations, controls and
requirements contained in permits issued pursuant
to the Rule shall be permanent, quantifiable, and
otherwise enforceable as a practical matter under
G.S. 143-215. 114A. 143-215. 1 14B. and
143-215.1 14C.

(e) If EPA requires the State to submit a permit
as part of the North Carolina State Implementation
Plan for Air Quality (SIP) and if the Commission
approves a permit containing any of the conditions
described in Paragraph (a) of this Rule as a part of
the SIP, the Director shall submit the permit to the
EPA on behalf of the Commission for inclusion as
part of the federally approved SIP.

Statutory Authority G.S. 143-215. 3(a)(1). (3);
143-215.108; 143-215. 114A; 143-215. 114B;
143-215. 11 4C

.0307 PUBLIC PARTICIPATION
PROCEDURES

(a) This Rule does not apply to sources subject
to the requirements of f5A NCAC 2D .0530 or
.0531 or Appendix S or 40 CFR Part 51. For
sources subject to the requirements of 15A NCAC
2D .0530 or .0531 or Appendix S of 40 CFR Part
51. the procedures in J5A NCAC 2D .0530 or
.0531 or Appendix S of 40 CFR Part 51 shall be
followed, respectively.

(b) The public notice shall be given by
publication in a newspaper of general circulation in
the area where the facility is located and shall be
mailed to persons who are on the Division's
mailing list for air quality permit notices and to
FPA.

(1 ) the affected facility;

(2) the name and address of the permittee;

(3) the name and address of the person to
whom to send comments and requests
for public hearing;

2287

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PROPOSED RULES

(4) the name, address, and telephone
number of Divisional staff a person
from whom interested persons may
obtain additional information, including
copies of the draft permit, the
application, compliance plan,
monitoring and compliance reports, all
other relevant supporting materials, and
all other materials available to Division
that are relevant to the permit decision;

(5) the activity or activities involved m the
permit action;

(6) any emissions change involved m any
permit modification;

(7) a brief description of the public
comment procedures;

(8) the procedures to follow to request a
public hearing unless a public hearing
has already been scheduled; and

(9) the time and place of any hearing that
has already been scheduled.

(d) The notice shall allow at least 30 days for
public and EPA comments.

(e) If the Director determines that significant
public interest exists or that the public interest will
be served, the Director shall require a public
hearing to be held on a draft permit. Notice of a
public hearing shall be given at least 30 days
before the public hearing.

(f) The Director shall make available for public
inspection in at least one location in the region
affected, the information submitted by the permit
applicant and the Division's analysis of that
application.

(g) The Director shall send EPA a copy of each
draft permit subject to public and EPA comment
when he sends EPA the notice of request for
public comment for that permit and shall send
EPA a copy of each such permit when it is issued.

(h) Persons who desire to be placed on the
Division's mailing list for air quality permit
notices shall send their request to the Director,
Division of Environmental Management, P.O. Box
29535, Raleigh, North Carolina 27626-0535 and
shall pay an annual fee of thirty dollars ($30.00).

£i} Any persons requesting copies of material
identified in Subparagraph (b)(4) of this Rule shall
pay ten cents ($0. 10) a page for each page copied.
Confidential material shall be handled in
accordance with Rule .0107 of this Subchapter.

Statutory Authority G.S. 143-215. 3(a)(1), (3);

143-21 5. 4(b); 143-215.108.

.0308 FINAL ACTION ON PERMIT

APPLICATIONS

(a) The Director may:

(1) issue a permit, permit modification, or
a renewal containing the conditions
necessary to carry out the purposes of
G.S. 143, Article 21B;

(2) rescind a permit upon request by the
permittee;

(3) deny a permit application when
necessary to carry out the purposes of
G.S. 143, Article 21B.

(b) Any person whose application for a permit.
permit modification, renewal or letter requesting
change in name or ownership, construction or test
date, or reporting procedure, js denied or is
granted subject to conditions which are
unacceptable to him shall have the right to appeal
the Director's decision under Article 3 of G.S.
150B. The person shall have 30 days following
receipt of the notice of the Director's decision on
the application or permit in which to appeal the
Director's decision. The permit becomes final if
the applicant does not contest the permit within
this 30-day period.

(c) The Director shall issue or renew a permit
for a period of time that the Director considers
reasonable, but such period shall not exceed five
years.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 108.

.0309 TERMINATION, MODIFICATION
AND REVOCATION OF PERMITS

(a) The Director may terminate, modify, or
revoke and reissue any permit issued under this
Section if:

(1) The information contained in the
application or presented in support
thereof is determined to be incorrect;

(2) The conditions under which the permit
or permit renewal was granted have
changed;

(3) Violations of conditions contained in
the permit have occurred;

(4) The permit holder fails to pay the fee
required under Section .0200 of this
Subchapter within 30 days after being
billed;

(5) The permittee refuses to allow the
Director or his authorized
representative upon presentation of
credentials:

(A) to enter, at reasonable times and using
reasonable safety practices, the

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2288

PROPOSED RULES

permittee's premises in which a
source of emissions ]s located or hi
which any records are required to be
kept under terms and conditions of the
permit;

to have access, at reasonable times, to
any copy or records required to be
kept under terms and conditions of the

IB]

permit;

(C) to inspect, at reasonable times and
using reasonable safety practices, any
source of emissions, control
equipment, and any monitoring
equipment or method required in the
permit; or

(D) to sample, at reasonable times and
using reasonable safety practices, any
emission source at the facility;

(6) The Director finds that termination,
modification, or revocation and
reissuance of a permit is necessary to
carry out the purpose of G.S. 143,
Article 2 IB.

(b) The operation of a facility or source after its
permit has been revoked is a violation of this
Section and G.S. 143-215.108.

(d) When a permit is modified, the proceedings
shall affect only those parts of the permit that are
being modified.

Statutory Authority G.S. 143-215. 3(a)(1), (la), (lb);
143-215.108; 143-215. 114A; 143-215. 1 14B;
143-215. 11 4C

. 03 1 PERMITTING OF NUMEROUS
SIMILAR FACILITIES

(a) The Director may issue a permit to cover
numerous similar facilities or sources.

(b) The Director shall not issue a permit under
this Rule unless the following conditions are meet:

(1) There is no unique difference that
would require special permit conditions
for any individual facility; and

(2) No unique analysis is required for any
facility covered under the permit.

(c) A permit issued under this Rule shall identify
criteria by which facilities or sources may qualify
for the permit. The Director shall grant the terms
and conditions of the permit to facilities or sources
that qualify.

(d) The facility or source shall be subject to
enforcement action for operating without a permit
if the facility or source js later determined not to

qualify for the terms and conditions of the permit
issued under this Rule.

(e) The owner or operator of a facility or source
that qualifies for a permit issued under this Rule
shall apply for coverage under the terms of the
permit issued under this Rule or shall apply for a
standard permit under this Section.

Statutory Authority G.S.
143-215. 108.

.0311

143-215. 3(a)(1);

PERMITTING OF FACILITIES AT
MULTIPLE TEMPORARY SITES

(a) The Director may issue a single permit
authorizing emissions from a facility or source at
multiple temporary sites.

(b) In order for a facility or source to qualify
for a permit for multiple temporary sites under this
Rule, the operation must involve at least one
change of site during the term of the permit.

ill
121

LAI

ill

the identification of each site;

the conditions that will assure

compliance with all applicable

requirements at all approved sites;

a requirement that the permittee notify

the Division at least 10 days in advance

of each change of site; and

the conditions that assure compliance

with all other provisions of this Section.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215.108.

SECTION .0400 - ACID RAIN
PROCEDURES

.0401 APPLICABILITY

(a) The procedures and requirements under this
Section do not apply until the EPA approves this
Section and Section .0500 of this Subchapter.

(b) Each of the following units shall be an
affected unit, and any facility that includes such a
unit shall be an affected facility, subject to the
requirements of the Acid Rain Program:

A unit listed in 40 CFR Part 73,

(21

Subpart B^ Table J^

A unit that is identified as qualifying

for an allowance allocation under

Sections 403 and 405 of the federal

Clean Air Act and any other existing

utility unit, except a unit under

Paragraph (c) of this Rule.

A utility unit, except a unit under

2289

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PROPOSED RULES

Paragraph (c) of this Rule, that:

(A) is a new unit; or

(B) did not serve a generator with a
nameplate capacity greater than 25
MWe on November 15, 1990, but
serves such a generator after
November 15, 1990.

(1) A simple combustion turbine that
commenced operation before November
15, 1990.

(2) Any unit that commenced commercial
operation before November 15, 1990,
and that did not, as of November 15,
1990, and does not currently, serve a
generator with a nameplate capacity of
greater than 25 MWe.

£3} Any unit that, during 1985, did not
serve a generator that produced
electricity for sale and that did not, as
of November 15, 1990, and does not
currently, serve a generator that
produces electricity for sale.

(4) Co-generation units.

(5) Qualifying facilities, which are
qualifying small production facilities
within the meaning of Section
3(17)(C)of the Federal Power Act or a
qualifying cogeneration facility within
the meaning of Section 3(18)(B) of the
Federal Power Act.

(6) New independent power production

facilities.

Solid waste incinerators.
A non-utility unit.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0402 DEFINITIONS

The terms used in this Section shall have the
meanings set forth ]n the federal Clean Air Act
and in this Subchapter as follows:

(1) "Acid rain emissions reduction

requirement" means a requirement under
the Acid Rain Program to reduce the
emissions of sulfur dioxide or nitrogen
oxides from a unit to a specified level or
by a specified percentage.
"Acid Rain Program" means the national
sulfur dioxide and nitrogen oxides air
pollution control and emissions reduction
program established in accordance with

16}

18}

i^J

(10)

Title IV.
"Act" means
U.S.C. 7401,

the Clean Air Act, 42
et. seq. as amended by

101-549 (November 15,

Public Law No.

1990).

"Administrator" means the administrator

of the United States Environmental

Protection Agency (EPA) or the

Administrators's duly authorized

representative.

"Affected Facility" means a facility that

includes one or more affected units.

"Affected

Unit"

means a unit that is
rain emissions
or acid rain

subject to any acid
reduction requirement
emissions limitation.
"Allocate or allocation" means the initial
crediting of an allowance by the
Administrator to an allowance Tracking
System unit account of general account.
"Allowance" means an authorization by
the Administrator under the Acid Rain
Program to emit up to one ton of sulfur
dioxide during or after a specified
calendar year.

"Allowance deduction" or "deduct" when
referring to allowances means the
permanent withdrawal of allowances by
the Administrator from an Allowance
Tracking System compliance subaccount
to account for the number of the tons of
sulfur dioxide emissions from an affected
unit for the calendar year, for tonnage
emissions estimates calculated for periods
of missing data as provided m 40 CFR
part 75, or for any other allowance
surrender obligations of the Acid Rain
Program.

"Allowance tracking system " means the
Acid Rain Program system by which the
Administrator allocates, records, deducts,
and tracks allowances.

"Certificate of representation" means the
completed and signed submission
required by 40 CFR 72.20, for certifying
the appointment of a designated
representative for an affected facility or
group of identified affected facilities
authorized to represent the owners and
operators of such facility(facilities) and of
the affected units at such facility
(facilities) with regard to matters under
the Acid Rain Program.
"Commenced commercial operation"
means to have begun to generate

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2290

PROPOSED RULES

(13)

(14)

(15)
(16)

(19)
(20)

(21)

(22)

electricity fur sale, including the sale of
test generation.

"Designated representative" means a
responsible natural person authorized by
the owners and operators of an affected
facility, and of aU the affected units at
the facility, as evidenced by a certificate
of representation submitted in accordance
with CFR 40 Part 72^ Subpart fi to
represent and legally bind each owner
and operator, as a matter of federal law,
in matters pertaining to the Acid Rain
Program. Whenever the term

"responsible official" is used in this
Subchapter it shall be deemed to refer to
the "designated representative" with
regard to all matters under the Acid Rain
Program.

"Draft permit" means the version of the
permit, or the acid rain portion of an
operating permit, that a permitting
authority offers for public comment.
"Facility" means any contiguous group of
one or more sources.
"General account" means an Allowance

Tracking System account that is not a
unit account.
(17) "Generator" means any device that
produces electricity and was or would
have been required to be reported as a
generating unit pursuant to the United
States Department of Energy Form 860
(1990 edition).

"mmBtu" means millions of British
Thermal Units.

"MWe" means megawatts of electricity.
"NADB" means the National Allowance
Data Base.

(23)

"Nameplate capacity" means the
maximum electrical generating output
(expressed in MWe) that a generator can
sustain over a specified period of time
when not restricted by seasonal or other
deratings. as listed in fjie NADB under
the data field "NAMECAP" if the
generator is listed in the NADB or as
measured in accordance with the United
States Department of Energy standards if
the generator is not listed in the NADB.
"Offset plan" means a plan pursuant to
40 CFR part 77 for offsetting excess
emissions of sulfur dioxide that have
occurred at an affected unit m any
calendar \ear.
"Owner or operator" means any person

(24)

(25)

(26)
(27)

(28)

(29)

(30)

(31)

who operates, controls, or supervises an
affected unit or an affected facility and
shall include, but not be limited to. any
holding company, utility system, or plant
manager of an affected unit or affected
facility.

"Permit" as it is used in this Section
means the legally binding written
document, or portion of such document,
issued by the Director including any
permit revisions, specifying the Acid
Rain Program requirements applicable to
an affected facility, to each affected unit
at an affected facility, and to the owners
and operators and the designated
representative of the affected unit or the
affected facility. In addition, the permit
shall satisfy the procedures under Section
.0500 of this Subchapter.
"Permit revision" means a permit
modification, fast track modification,
administrative permit amendment, or
automatic permit amendment, as provided
in 40 CFR Part 72, Subpart H.
"Permitting authority" means either:

the Administrator, or

the Director.

L32)

"Phase I utility" refers to any of 1 10
utility plants identified by the EPA and
listed in Section 404. Table A of the Act.
Each unit has a nameplate capacity of
greater than 100 MWe and emits greater
than 2.5 lbs/mmBtu of sulfur dioxide.
"Phase II utility" refers to the inclusion
of additional utilities with capacities
greater than 25 MWe to the Acid Rain
Program.

"Secretary of Energy" refers to the
Secretary of the United States
Department of Energy or the Secretary's
duly authorized representative.
"Simple Combustion Turbine" means a
unit that is a rotary engine driven by a
gas under pressure that is created by the
combustion of any fuel. This term
includes combined-cycle units without
auxiliary firing but excludes such units
with auxiliary firing.
"Source" means any governmental,
institutional, commercial or industrial
structure, installation, plant or building
that emits or has the potential to emit any
regulated air pollutant under the Act.
"Stack" means a structure that includes
one or more flues and the housing for the

2291

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PROPOSED RULES

(33)
(34)

flues.

"Unit" means a fossil fuel-fired

combustion device.

"Utility" means any person that sells

electricity.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0403 NEW UNITS EXEMPTION

(a) A pplicability. This Rule applies to any new
utility unit that serves one or more generators with
total nameplate capacity of 25 MWe or less and
burns only fuels with a sulfur content of 0.05
percent or less by weight, as determined for a
sample of each fuel delivery using the methods
specified in 40 CFR 12.1(A)!.

(b) Exemption. The designated representative,
authorized in accordance with 40 CFR 72.20, of a
facility that includes a unit under Paragraph (a) of
this Rule may petition the Director for a written
exemption for the unit from certain requirements
of the Acid Rain Program in accordance with 40
CFR 72.7.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0404 RETIRED UNITS EXEMPTION

(a) Applicability. This Rule applies to any
affected unit that is retired prior to the issuance
(including renewal) of a permit for the unit as a
final action by the Director.

(b) Exemption. The designated representative,
authorized in accordance with 40 CFR Part 72,
Subpart ^ of a facility that includes a unit under
Paragraph (a) of this Rule may petition the

Director for a written exemption, or to renew a
written exemption, for the unit from certain
requirements of 40 CFR Part 72 m accordance
with 40 CFR 72.8.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0405 REQUIREMENT TO APPLY

(a) Duty to apply. The designated representative
of any facility with an affected unit shall submit a
complete permit application by the applicable
deadline in Paragraphs (b) and (c) of this Rule.
The Owner or Operator shall not operate the
facility without a permit that states its Acid Rain
Program requirements.

(b) Deadlines:

(1) Phase II. For any facility with an

existing unit under Subparagraph (b)( 1 )
or (2) of Rule .0401 of this Section, the
designated representative shall submit a
complete permit application governing
such unit during Phase II to the
Director on or before:

(21

(A)

(A}

1996 for sulfur dioxide;
1998 for nitrogen oxides.

£B]

January _L
January J_.
New Units.
For any facility with a new unit under
Part (b)(3)(A) of Rule .0401 of this
Section, the designated representative
shall submit a complete permit
application governing such unit to the
Director at least 24 months before the
later of January _L 2000, or the date
on which the unit commences
operation.

For any facility with a unit under Part
(b)(3)(B) of Rule .0401, the
designated representative shall submit
a complete permit application
governing such unit to the Director at
least 24 months before the later of
January _L 2000, or the date on which
the unit begins to serve a generator
with a nameplate capacity greater than
25 MWe.
Acid Rain Compliance Option
Deadlines. The deadlines for applying
for approval of any acid rain
compliance options shall be the
deadlines specified in the relevant
section of 40 CFR Part 72, Subpart D
and in Section 407 of the federal Clean
Air Act and regulations implementing
section 407 of the federal C lean Air
Act.

(c) Duty to Reapply. The designated
representative shall submit a complete permit
a pplication for each facility with an affected unit at
least nine months prior to the expiration of an
existing permit governing the unit during Phase II.

(d) Four copies of al] permit applications shall
be submitted to the Director.

(e) Permit Issuance Deadline.

£Tj On or before December 31, 1997, the
Director shall issue a permit for Phase
II for sulfur dioxide to each affected
facility in the State as set forth in 40
CFR 72.73(a); provided that the
designated representative for the facility
submitted a timely and complete permit
application. Each permit issued in
accordance with this Rule shall have a

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March 1, 1994

2292

PROPOSED RULES

(2)

term of five years commencing on its
effective date. Each permit shall take
effect by the later of January L, 2000,
or, where the permit governs a unit
under Subparagraph (b)(3) of Rule
.0401 of this Section, the deadline for

monitor certification under 40 CFR Part
75.

Nitrogen Oxides. Not later than January
j^ 1999, the Director shall reopen the
permit to add the Acid Rain Program
nitrogen oxides requirements. Such
reopening shall not affect the term of
the acid rain portion of a construction
and operation permit.
Grandfathering of Phase II Units.
Pursuant to the Federal Register, vol.
57, no. 228, p_. 55634, units that meet
the following Phase I nitrogen oxides
emission limitations before 1997:

0.45 lb/mmBtu for tangentially fired

boilers;
(B) 0.50 lb/mmBtu for dry bottom

wall-fired boilers;

IA)

shall be exempted from any revision in
emission limitations pursuant to Section

407(b)(2).

Statutory Authority G.S. 143-215. 3(a)(1);

143-215. 107(a)(8); 143-215. 108.

. 0407 PERMIT APPLICATION SHIELD AND
BINDING EFFECT OF PERMIT
APPLICATION

(a) Once a designated representative submits a
timely and complete permit application, the owner
or operator shall be deemed in compliance with the
requirement to have a permit under 40 CFR

.0405 of this

in issuing a

the

72.9(a) and Paragraph (a) of Rule
Section; provided that any delay
permit is not caused by the failure

designated representative to submit in a complete
and timely fashion supplemental information, as
required by the Director, necessary to issue a
permit.

(b) Prior to the earlier of the date on which a
permit is issued subject to administrative appeal or
judicial review, an affected unit governed by and
operated in accordance with the terms and
requirements of a timely and complete permit
application shall be deemed to be operating in
compliance with the Acid Rain Program and this
Section.

(c) A complete permit application shall be
binding on the owners and operators of the
affected facility and the affected units covered by
the permit application and shall be enforceable as
a permit from the date of submission of the
complete permit application until the final issuance
or denial of a permit covering the units and subject
to administrative a ppeal or judicial review.

.0406 REQUIREMENTS FOR PERMIT
APPLICATIONS

A complete permit application shall contain the
following elements in a format to be specified by
the Administrator:

(1) identification of the affected facility for
which the permit application is submitted;

(2) identification of each unit at the facility
for which the permit application is
submitted;

(3) a complete compliance plan for each unit,
in accordance with 40 CFR Part 72,
Subpart D;

(4) the standard requirements under 40 CFR
Part 72.9; and

(5) if the permit application is for Phase II
and the unit is a new unit, the date that
the unit has commenced or will
commence operation and the deadline for
monitor certification.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0408 COMPLIANCE PLANS

For each affected unit included in a permit
application, a complete compliance plan shall
follow the requirements under 40 CFR 72.40
where "permitting authority" is replaced with
"Director."

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0409 PHASE II REPOWERING
EXTENSIONS

The procedures required for a repowering
extension shall follow the requirements contained
in 40 CFR 72.44 where "permitting authority" js
replaced with "Director".

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0410 PERMIT CONTENTS

2293

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March 1, 1994

PROPOSED RULES

Each permit (including any draft or proposed
permit) shall contain the following elements:

(1) all elements required for a complete
permit application under Rule .0406, as
approved or modified by the Director;

(2) the applicable acid rain emissions limita-
tion for sulfur dioxide; and

(3) the applicable acid rain emissions limita-
tion for nitrogen oxides.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0411 STANDARD REQUIREMENTS

(a) The standard requirements set forth in
Paragraphs (c) through £i) of this Rule shall be
binding on all owners and operators (including the
designated representative) of the affected facility
and affected units at the facility,

(b) Except as provided under 40 CFR 72.22,
each affected facility, including all affected units at
the facility, shall have one and only one designated
representative, with regard to alf matters under the
Acid Rain Program concerning the facility or any
affected unit at the facility as provided in 40 CFR
72.20. Each submission under the Acid Rain
Program shall be submitted, signed, and certified
by the designated representative for all sources on
behalf of which the submission is made in accor-
dance with 40 CFR 72.21.

(1) The designated representative of each

affected facility and each affected unit

at the facility shall:

(A) submit a complete permit application

(including a compliance plan) under

this Section in accordance with the

deadlines specified m Rule .0405;

(B) submit in a timely manner any supple-
mental information that the Director
determines is necessary to review a
permit a pplication and issue or deny a
permit;
(2) The owners or operators of each affect-
ed facility and each affected unit at the
facility shall have a permit and shall
operate the unit in compliance with a
complete permit application or a super-
seding permit issued by the Director,
(d) Monitoring Requirements.
(1) The owners and operators of each
facility and each affected unit at the
facility shall comply with all applicable
monitoring requirements of 40 CFR
Part 75 and Section 407 of the federal

Clean Air Act and rules implementing
Section 407 of the federal Clean Air
Act.

The emissions measurements recorded
and reported in accordance with 40
CFR Part 75 and Section 407 of the
federal Clean Air Act and rules imple-
menting Section 407 of the federal
Clean Air Act shall be used to deter-
mine compliance by the unit with the
acid rain emissions limitations and
emissions reduction requirements for
sulfur dioxide and nitrogen oxides
requirements under the Acid Rain
Program.

The requirements of 40 CFR Part 75
and regulations implementing Section
407 of the federal Clean Air Act shall
not affect the responsibility of the own-
ers and operators to monitor emissions
of other pollutants or other emissions
characteristics at the unit under other
applicable requirements of the Act and
other provisions of the operating permit
for the facility,
(e) Sulfur Dioxide Requirements.
(1) The owners and operators of each
facility and each affected unit at the
facility shall:
hold allowances, as of the allowance
transfer deadline, in the unit's compli-
ance subaccount (after deductions
under 40 CFR 73.34(c)) not less than
the total annual emissions of sulfur
dioxide for the previous calendar year
from the unit; and

comply with the applicable acid rain
emissions limitations for sulfur diox-
ide-
Each ton of sulfur dioxide emitted in
excess of the acid rain emissions limita-

£A)

IB)

ill

tions for sulfur dioxide shall constitute
a separate violation of the federal Clean
Air Act.
(3) An affected unit shall be subject to the
requirements under Subparagraph (e)(1)
of this Rule as follows:

(A) starting January _!_, 2000, an affected
unit under Subparagraph (b)(1) or (2)
of Rule .0401;

(B) starting on the later of January J^
2000, or the deadline for monitor
certification under 40 CFR Part 75,
an affected unit under Subparagraph
(b)(3) of Rule .0401.

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NORTH CAROLINA REGISTER

March 1, 1994

2294

PROPOSED RULES

(4) Allowances shall be held in, deducted
from, or transferred among Allowance
Tracking System accounts i_n
accordance with the Acid Rain
Program.

(5) An allowance shall not be deducted, in
order to comply with the requirements
under Part (e)(1)(A) of this Rule, prior
to the calendar year for which the
allowance was allocated,

(6) An allowance allocated by the
Administrator under the Acid Rain
Program is a limited authorization to
emit sulfur dioxide in accordance with
the Acid Rain Program, No provision
of the Acid Rain Program, the permit
application, the permit, or the permit
under 40 CFR Part 72.7 and Part 72.8
and no provision of law shall be
construed to limit the authority of the
United States to terminate or limit such
authorization.

(7) An allowance allocated by the
Administrator under the Acid Rain
Program does not constitute a property
right.

(f) Nitrogen Oxides Requirements. The owners
and operators of the facility and each affected unit
at the facility shall comply with the applicable acid
rain emissions limitation established by rules
implementing Section 407 of the federal Clean Air
Act, as modified by a permit application and a
permit jn accordance with the requirements of the
Acid Rain Program.

(g) Excess Emissions Requirements. The owners
and operators of an affected unit that has excess
emissions for sulfur dioxide or nitrogen oxides fn
any calendar year shall:

(1) pay without demand the penalty
required, and pay upon demand the
interest on that penalty, as required by
40 CFR Part 77; and

(2) submit a proposed offset plan and
comply with the terms of an approved
offset plan, as required by 40 CFR Part
TL

(h) Recordkeeping and Reporting Requirements.
(1) Unless otherwise provided, the owners
and operators of the facility and each
affected unit at the facility shall keep on
site at the facility each of the following
documents for a period of five years
from the date the document is created;
this period may be extended jf there is
a change in applicable requirements, at

any time prior to the end of five years,
in writing by the Administrator or
Director:
(A) the certificate of representation for the
designated representative for the
facility and each affected unit at the
facility and all documents that
demonstrate the truth of the
statements in the certificate of
representation, m accordance with 40
CFR Part 72.24; provided that the
certificates and documents shall be
retained on site at the facility beyond
such five-year period until such
documents are superseded because of
the submission of a new certificate of
representation changing the designated
representative;

all emissions monitoring information.
In accordance with 40 CFR Part
75.50(a);

copies of all reports, compliance
certifications, and other submissions
and all records under the Acid Rain
Program; and

copies of all documents used to
complete a permit application and any
other submission under the Acid Rain
Program or to demonstrate
compliance with the requirements of
the Acid Rain Program.
The designated representative shall
submit the reports and compliance
certifications required under the Acid
Rain Program, including those under 40
CFR Part 72, Subpart L and 40 CFR
Part 75.
£i) Exempted Units.
(1) The owners and operators of each unit
exempted under Rule .0403 of this
Section shall retain at the facility that
includes the unit, the records of the
results of the tests required to be
performed under 40 CFR 72.7(d)(2)
and a copy of the purchase agreements
for the fuel burned in the exempted
unit, stating the sulfur content of such
fuel. Such records and documents shall
be retained for five years from the date
they are created.

LSI

i£l

l2j

(2) On the

On the earlier of the date the written
exemption expires, the date a unit
exempted under Rule .0403 of this
Section burns any fuel with a sulfur
content in excess of 0.05 percent by

2295

8:23

NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

weight (as determined in accordance
with 40 CFR 72.7(d)(2)), or 24 months
prior to the date the unit first serves
one or more generators with a total
nameplate capacity in excess of 25
MWe, the unit shall no longer be
exempted under Rule .0403 of this
Section and shall be subject to all
requirements of the Acid Rain
Program, except that:

£3}

Acid Rain Program .
Any provision of the

(A) Notwithstanding Rule .0405(1?) and (c)
of this Section, the designated
representative of the facility that
includes the unit shall submit a
complete acid rain permit application
on the later of January 1, 1998, or the
date that the unit is no longer
exempted under Rule .0403 of this
Section; and

(B) For purposes of applying monitoring
requirements under 40 CFR Part 75,
the unit shall be treated as a new unit
that commenced commercial operation
on the date the unit no longer meets
the requirements in Rule .0403(a) of
this Section.

(3) The owners and operators of a unit
exempted under Rule .0404 shall
comply with monitoring requirements in
accordance with 40 CFR Part 75 and
will be allocated allowances in
accordance with 40 CFR Part 73.

(4) A unit exempted under Rule .0404 of
this Section shall not resume operation
unless the designated representative of
the facility that includes the unit
submits an Acid Rain permit application
for the unit not less than 24 months
prior to the later of January J_, 2000, or
the date the unit is to resume operation.
On the earlier of the date the written
exemption expires or the date an Acid
Rain permit application is submitted or
is required to be submitted under this
Subparagraph, the unit shall no longer
be exempted under Rule .0404 of this
Section and shall be subject to all
requirements of 40 CFR Part 72.

£j) Liability.

(1) No permit revision shall excuse any
violation of the requirements of the
Acid Rain Program that occurs prior to
the date that the revision takes effect.

(2) Each affected facility and each affected
unit shall meet the requirements of the

Acid Rain
Program that applies to an affected
facility shall also a pply to the owners
and operators (including the designated
representative) of such facility and of
the affected units at the facility.

(4) Any provision of the Acid Rain
Program that applies to an affected unit
shall also apply to the owners and
operators (including the designated
representative) of such unit. Except as
provided under Rule .0409 of this
Section, and Sections 407 of the federal
Clean Air Act, and rules im plementing
Section 407 of the federal Clean Air
Act, and except with regard to the
requirements a pplicable to units with a
common stack under 40 CFR Part 75
(including 40 CFR Parts 75.16, 75.17.
and 75.18), the owners and operators
and the designated representative of one
affected unit shall not be liable for any
violation by any other affected unit of
which they are not owners or operators
and that is at the same facility unless
they are owners or operators of that
facility.

(5) Any violation of a provision of 40 CFR
Parts 72^ 73^ 75^ 77, and 78^ or rules
implementing Sections 407 of the
federal Clean Air Act by an affected
unit, or by an owner or operator or
designated representative of such unit,
shall be a separate violation.

(k) Effect on Other Authorities. No provision of
the Acid Rain Program, a permit application, a
permit, or a written exemption under Rule .0403
and .0404 of this Section shall be construed as:

(1) except as expressly provided in Title
IV, exempting or excluding the owners
and operators of an affected facility or
affected unit from compliance with any
other provision of the federal Clean Air
Act, including the provisions of Title I
of the federal Clean Air Act relating to
applicable national ambient air quality
standards or state implementation plans;

(2) limiting the number of allowances a
unit can hold; provided, that the
number of allowances held by the unit
shall not affect the facility's obligation
to comply with any other provisions of
the federal Clean Air Act or Subchapter
2D of Title 15 A;

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PROPOSED RULES

(3) requiring a change of any kind in any
State law regulating electric utility rates
and charges, affecting any State law
regarding such State regulation, or
limiting such State rule, including any
prudence review requirements under
such State law;

(4) modifying the Federal Power Act or
affecting the authority of the Federal
Energy Regulatory Commission under
the Federal Power Act; or

(5) interfering with or impairing any
program for competitive bidding for
power supply in a State in which such
program is established.

Statutory Authority G.S. 143-215. 3(a)(1);

143-21 5. 107(a)(8); 143-215.65; 143-215.66;
143-215. 108.

.0412 PERMIT SHIELD

Each affected unit operated m accordance with
the permit that governs the unit and that was
issued in compliance with Title IV, as provided m
this Part, 40 CFR Parts 73, 75, 77, and 78, and
the rules implementing Sections 407 of the federal
Clean Air Act, shall be deemed to be operating in
compliance with the Acid Rain Program, except as
provided in Subparagraph (i)(6) of Rule ,041 1 of
this Section.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215.108.

.0413 PERMIT REVISIONS GENERALLY

(a) The permit revision procedures shall govern
revisions to any acid rain portion of any
construction and operation permit.

(b) The permit revision procedures shall
supersede the permit revision procedures specified
in Section .0500 of this Subchapter with regard to
revision of any Acid Rain Program permit
provision.

(c) A permit revision may be submitted for
approval at any time. No permit revision shall
affect the term of the permit to be revised. No
permit revision shall excuse any violation of an
Acid Rain Program requirement that occurred
prior to the effective date of the revision.

(d) Except for minor permit modifications or
administrative amendments, the terms of the
permit shall apply while the permit revision is
pending.

(e) Any determination by the Director or a State
court modifying or voiding any permit provision

shall be subject to review by the Administrator in
accordance with 40 CFR 70.8(c), unless the
determination or interpretation is an administrative
amendment approved in accordance with Rule
.0416 of this Section.

(f) The standard requirements of 40 CFR Part
72.9 shall not be modified or voided by a permit
revision.

(g) Any permit revision involving incorporation
of a compliance option that was not submitted for
approval and comment during the permit issuance
process, or involving a change in a compliance
option that was previously submitted, shall meet
the requirements for applying for such compliance
option under Rule .0409 of this Section and
Section 407 of the federal Clean Air Act and rules
implementing Section 407 of the federal Clean Air
Act.

(h) For permit revisions not described in Rules
.0414 and .0415 of this Section, the Director may.
at his discretion, determine which of these Rules is
applicable.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0414 PERMIT MODIFICATIONS

(a) The following permit revisions shall follow
the permit modification procedures:

(1) relaxation of an excess emission offset
requirement after approval of the offset
plan by the Administrator,

(2) incorporation of a final nitrogen oxides
alternative emission limitation following
a demonstration period, or

(3) determination of whether efforts to
design, construct, and test repowering
technology under a repowering
extension plan were in good faith and
whether such repowering technology
was properly constructed and tested
under 40 CFR 72.44(g)(l)(i) and (2).

(b) The following permit revisions shall follow
either the permit modification procedures or the
fast-track modification procedures under Rule
.0415 of this Section:

(1) incorporation of a compliance option
that the designated representative did
not submit for approval and comment
during the permit issuance process;

(2) addition of a nitrogen oxides alternative
emissions limitation demonstration
period or a nitrogen oxides averaging
plan to a permit; or

(3) changes in a repowering plan, nitrogen

2297

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PROPOSED RULES

oxides averaging plan, nitrogen oxides

alternative emissions limitation

demonstration period, or nitrogen

oxides compliance deadline extension.

requirements of Rules .0410 and ,0412 of this

Section and Section .0500 of this Subchapter.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0415 FAST-TRACK MODIFICATIONS

All fast-track modifications applicable to sources
subject to the acid rain portion of this Section shall
follow the procedures given in 40 CFR 72.80
where "permitting authority" shall be replaced with
"Director".

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0416 ADMINISTRATIVE PERMIT
AMENDMENT

(a) The following revisions to the acid rain
portion of the permit shall follow the
administrative permit amendment procedures:

(1) activation of a compliance option
conditionally approved by the Director,
provided that all requirements for
activation under 40 CFR Part 72,
Subpart D, are met;

(2) changes in the designated representative
or alternative designated representative,
provided that a new certificate of
representation is submitted;
correction of typographical errors;
changes m names, addresses, or

£3}

141

13)

telephone or facsimile numbers;
changes in the owners or operators,
provided that a new certificate of
representation is submitted within 30
days; and
(6) termination of a compliance option in
the permit, provided that this procedure
shall not be used to terminate a
repowering plan after December 31,
1999.
(b) Administrative amendments shall follow the

procedures set forth under Section .0500 of this

Subchapter.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0417 AUTOMATIC PERMIT AMENDMENT

The following permit revisions shall be deemed

to amend automatically, and become a part of, the

affected unit's permit by operation of law without

any further review:

(1) upon recordation by the Administrator

under 40 CFR Part 73 all allowance

allocations

deductions

to,
from

transfers to.

an affected

and
unit's

(2}

Allowance Tracking System account; and
incorporation of an offset plan that has
been approved by the Administrator
under 40 CFR Part 77.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

.0418 PERMIT REOPENINGS

(a) As provided in Section .0500 of this
Subchapter, the Director shall reopen a permit for
reasons specified in Rule .0517 of this Subchapter,
including whenever additional requirements
become applicable to any affected unit governed
by the permit.

(b) Upon reopening a permit for reasons
specified in Rule .0517 of this Subchapter, the
Director shall issue a draft permit changing the
provisions, or adding the requirements, for which
the reopening was necessary.

(c) As necessary, the Director shall reopen a
permit to incorporate nitrogen oxides
requirements, consistent with Section 407 of the
federal Clean Air Act and rules implementing
Section 407 of the federal Clean Air Act.

(d) Any reopening of a permit shall not affect
the term of the permit.

Statutory' Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(8); 143-215. 108.

SECTION .0500 - TITLE V PROCEDURES

.0501 PURPOSE OF SECTION AND

REQUIREMENT FOR A PERMIT

(a) The purpose of this Section is to establish an
air quality permitting program as required under
Title V and 40 CFR Part 70.

(b) The procedures and requirements under this
Section do not apply until EPA approves this
Section.

(c) With the exception in Paragraph (d) of this
Rule, the owner or operator of an existing facility,
new facility, or modification of an existing facility
(except for minor modifications under Rule .0515
of this Section), including significant modifications
that would not contravene or conflict with a

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2298

PROPOSED RULES

condition in the existing permit, subject to the
requirements of this Section shall not begin
construction without first obtaining:

(1) a construction and operation permit
following the procedures under this
Section (except for Rule .0504), or

(2) a construction and operation permit
following the procedures under Rule
.0504 and filing a complete application
within 12 months after commencing
operation to modify the construction
and operation permit to meet the
requirements of this Section.

(d) If the permittee proposes to make a
significant modification under Rule .0516 of this
Section that would contravene or conflict with a
condition in the existing permit, he shall not begin
construction or make the modification until he has
obtained:

a construction and operation permit
following the procedures under this
Section (except for Rule .0504 of this
Section): or

ill

a construction and operation permit
following the procedures under Rule
.0504 of this Section and, before
beginning operation, files an application
and obtains a permit modifying the
construction and operation permit to
meet the requirements of this Section
(except for Rule .0504 of this Section).

(e) All facilities subject to this Section must
have a permit to operate that assures compliance
with 40 CFR Part 70 and all applicable
requirements.

(f) Except as allowed under Rule .0515 (minor
modifications) of this Section, no facility subject to
the requirements of this Section may operate after
the time that it is required to submit a timely and
complete application under this Section except in
compliance with a permit issued under this
Section. This Paragraph does not apply to initial
submittals under Rule .0506 of this Section or to
permit renewals under Rule .0513 of this Section.

£g) If the conditions of Rule .0512(b)
(application shield) of this Section are met, the
facility's failure to have a permit under this
Section shall not be a violation.

(h) The owner or operator of a facility or source
subject to the requirements of this Section may
also be subject to the toxic air pollutant procedures
under 15A NCAC 2H .0610.

(i) The owner or operator of an affected unit
subject to the acid rain program requirements of
Title IV is also subject to the procedures under

Section .0400 of this Subchapter.

fj) The owner or operator of a facility' subject to
the requirements of this Section shall pay permit
fees jn accordance with the requirements of
Section .0200 of this Subchapter.

Statutory Authority- G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0502 APPLICABILITY'

(a) Except as provided in Paragraph (b) of this
Rule, the following facilities are required to obtain
a permit under this Section:

( 1 ) major facilities:

(2) facilities with a source subject to 15A
NCAC 2D .0524 or 40 CFR Part 60,
except new residential wood heaters:

(3) facilities with a source subject to 15A
NCAC 2D .0525 or 40 CFR Part 6L
except asbestos demolition and
renovation activities:
facilities with a source subject to 40
CFR Part 63 or any other standard or
other requirement under Section 1 12 of
the federal Clean Air Act, except that a
source is not required to obtain a
permit solely because it is subject to
rules or requirements under Section
112(r) of the federal Clean Air Act:
facilities to which 15A NCAC 2D

.0529.

iiJ

£5J

161

ill

.0528.

.0534

.0517(2).

applies:

facilities with a source subject to Title

IV or 40 CFR Part 72, or

facilities

source category

designated by EPA as subject to the
requirements of 40 CFR Part 70.

(b) This Section does not apply to minor
facilities with sources subject to requirements of
15A NCAC 2D .0524 or .0525 or 40 CFR Part
60. 61. or 63 until EPA requires these facilities to
have a permit under 40 CFR Part 70.

(c) Research and development operations located
at manufacturing facilities shall be considered as a
separate and discrete facility for the purposes of
determining whether such operations constitute a
major facility subject to the permitting
requirements of this Section. Except where such
research and development operations by
themselves constitute a major facility, they shall be
exempted fro m the permitting requirements of this
Section.

(d) Once a facility is subject to this Section
because of emissions of one pollutant, the owner
or operator of that facility shall submit an

2299

8:23

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PROPOSED RULES

application that includes all sources of all regulated
air pollutants located at the facility except for
insignificant activities exempted because of
category under Rule .0102(b)(1) of this
Subchapter.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0503 DEFINITIONS

For the purposes of this Section, the definitions

in G.S. 143-212 and 143-213 and the following

definitions apply:

(1) "Affected States" means all states or local

air pollution control agencies whose areas

of jurisdiction are:

(a) contiguous to North Carolina and

located less than D = Q/12.5 from the

facility, where:

(i) Q = emissions of the pollutant

emitted at the highest permitted rate

in tons per year, and

(ii) D jf. distance from the facility to the

contiguous state or local air pollution

control agency in miles unless the

applicant can demonstrate to the

satisfaction of the Director that the

ambient impact in the contiguous

states or local air pollution control

agencies is less than the incremental

ambient levels in 15A NCAC 2D

fa}

.0532 (c)(5); or
within 50 miles

of the permitted

facility.
"Applicable requirements" means:
any requirement of this Section;
any standard or other requirement
provided for in the implementation plan
approved or promulgated by EPA
through rulemaking under Title I of the
federal Clean Air Act that implements
the relevant requirements of the federal
Clean Air Act including any revisions
to 40 CFR Part 52:

(d) any standard or other requirement
under Section 1 1 1 or 1 12 of the federal
Clean Air Act, but not including the
contents of any risk management plan
required under Section 1 12 of the
federal Clean Air Act;

(e) any standard or other
under Title IV;

requirement

(f) any standard or other requirement
governing solid waste incineration
under Section 129 of the federal Clean
Air Act;

(g) any standard or other requirement
under Section 183(e), 183(f), or 328 of
the federal Clean Air Act;

(h) any standard or requirement under Title
VI of the federal Clean Air Act unless
a permit for such requirement is not
required under this Section;

(i) any requirement under Section 504(b)
or 1 14(a)(3) of the federal Clean Air
Act; or

(j) any national ambient air quality

standard or increment or visibility
requirement under Part C of Title I of
the federal Clean Air Act, but only as
it would apply to temporary sources
permitted pursuant to 504(e) of the
federal Clean Air Act.

(3) "Complete application" means an
application that provides all information
described under 40 CFR 70.5(c) and such
other information that is necessary to
determine compliance with all applicable
requirements.

(4) "Draft permit" means the version of a
permit that the Division offers public
participation under Rule .0521 of this
Section or affected State review under
Rule .0522 of this Section.

(5) "Emissions allowable under the permit"
means a federally enforceable permit
term or condition determined at issuance
to be an applicable requirement that
establishes an emissions limit (including
a work practice standard) or a federally
enforceable emissions cap that the facility
has assumed to avoid an applicable
requirement to which the facility would
otherwise be subject.

(6) "Final permit" means the version of a
permit that the Director issues that has
completed all review procedures required
under this Section if the permittee does
not file a petition under Article 3 of G.S.
150B.

(7) "Fugitive emissions" means those
emissions which could not reasonably
pass through a stack, chimney, vent, or
other functionally-equivalent opening.

(8) "Insignificant activities" means any
activity exempted under Rule .0102 or
,0508(aa) of this Subchapter.

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2300

PROPOSED RULES

(9)

(10)

LLU
(12)
(13)
(14)

(15)

(16)

(17)
(18)
(19)

(20)

"Insignificant activities exempted because

of category" means any activity exempted

under 15A NCAC 2Q .0102(b)(1).

"Insignificant activities exempted because

of size or production rate" means any

activity exempted under 15A NCAC 2Q

.0102(b)(2).

"Major facility" means a major source as

defined under 40 CFR 70.2.

"Minor facility" means any facility that |s

not a major facility.

"Operation" means the utilization of

equipment that emits regulated pollutants.

"Permit renewal " means the process by

which a permit is reissued at the end of

its term.

"Permit revision" means any permit
modification under Rule .0515, .0516, or
.0517 of this Section or any
administrative permit amendment under
Rule .0514 of this Section.
"Proposed permit" means the version of
a permit that the Director proposes to
issue and forwards to EPA for review
under Rule .0522 of this Section.
"Relevant source" means only those
sources that are subject to applicable
requirements.

"Responsible official" means a
responsible official as defined under 40
CFR 70.2.

"Section 502(b)(10) changes" means
contravene an

changes that

permit term or condition

(21)

express
Such changes
do not include changes that would violate
applicable requirements or contravene
federally enforceable permit terms and
conditions that are monitoring (including
test methods), recordkeeping, reporting,
or compliance certification requirements.
"Synthetic minor facility" means a
facility that would otherwise be required
to follow the procedures of this Section
except that the potential to emit js
restricted by one or more federally
enforceable physical or operational
limitations, including air pollution control
equipment and restrictions on hours or
operation, the type or amount of material
combusted, stored, or processed, or
similar parameters.
"Timely" means:
for initial permit submittals under Rule
.0506 of this Section, before the end of
the time period specified for submittal

of an application for the respective
Standard Industrial Classification;

(b) for a new facility, one year after
commencing operation;

(d) for a mino r modification under Rule
.0515 of this Section, before
commencing the modification;

(e) for a significant modification under
Rule .0516 of this Section where the
change would not contravene or conflict
with a condition in the existing permit,
12 months after commencing operation;

(f) for reopening for cause under Rule
.0517 of this Section, as specified by
the Director in the request for
additional information by the Director;
or

(g) for requests for additional information.
as specified by the Director in the
request for additional information by
the Director.

Statutory Authority G.S. 143-215. 3(a)(1); 143-212;
143-213.

.0504 OPTION FOR OBTAINING

CONSTRUCTION AND OPERATION
PERMIT

(a) Pursuant to Rule .0501(c) or (d)(2) of this
Section, the owner or operator of a new or
modified facility subject to the requirements of this
Section that chooses to obtain a construction and
operation permit before the facility must obtain a
permit under this Section may file an application
under Section .0300 of this Subchapter.

(b) The applicant shall state in his permit
application that he wishes to follow the procedures
under this Rule.

(c) If the option allowed under Rule .0501(c)(1)
of this Section is used, then the application
processing procedures for prevention of significant
deterioration under I5A NCAC 2D .0530 and new
source review for nonattainment areas under 15A
NCAC 2D .0531 do not apply, if the option
allowed under Rule .0501(c)(2) of this Section is
used, then the application processing procedures in
this Section and:

ill

under 15A NCAC 2D .0530 for

prevention of significant deterioration.

under 15A NCAC 2D .0531 for new

source review for nonattainment areas.

2301

8:23

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PROPOSED RULES

shall apply.

(d) If the procedures under Section .0300 of this
Subchapter are followed, the permittee shall have
one year from the date of beginning operation of
the facility or source to file an amended
application following the procedures of this
Section, The Director shall place a condition in
the construction and operation permit stating this
requirement.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0505 APPLICATION SUBMITTAL
CONTENT

If an applicant does not submit, at a minimum,
the following information with his application
package, the application package shall be returned:

(1) for new facilities and modified facilities:

(a) an application fee as required under
Section .0200 of this Subchapter,

(b) a consistency determination as required
under Rule .0507(d)(1) of this Section,

(d) applications as required under Rule
.0507(a) and (e) of this Section and
signed as required by Rule .0520 of this
Section;

(2) for renewals: applications as required
under Rule .0507(a) and (e) of this
Section and signed as required by Rule
.0520 of this Section:

(3) for a name change: three copies of a
letter signed by the a responsible official
in accordance with Rule .0520 indicating
the current facility name, the date on
which the name change shall occur, and
the new facility name:

(4) for an ownership change: an application
fee as required under Section .0200 of
this Subchapter, and:

(a) three copies of a letter sent by each the
seller and the buyer indicating the
change, or

(b) three copies of a letter sent by either
bearing the signature of both the seller
and buyer, and containing a written
agreement with a specific date for the
transfer of permit responsibility,
coverage, and liability between the
current and new permittee; and

(5) for corrections of typographical errors;
changes name, address, or telephone
number of any individual identified in the

permit; changes
construction dates;

in test date s or
or similar minor
changes: three copies of a letter signed
by a responsible official jn accordance
with Rule .0520 of this Section
describing the proposed change and
explaining the need for the proposed
change.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0506 INITIAL PERMIT APPLICATION
SUBMITTAL

(a) The owner or operator of any facility
required to have a permit under this Section shall
file a permit application with the Director as
follows:

(1) Facilities with a Standard Industrial
Classification code of:

(A) 0000 through 2499, or
(BJ 3400 through 9999 (except 4911),
shall file a permit application between
the first day and the 60th day following
approval of this Section by EPA;

(2) Facilities with a Standard Industrial
Classification code of:

(A) 2500 through 2599, or

IBj 3200 through 3299,

shall file a permit application between
the 90th day and the 150th day
following approval of this Section by
EPA; or

(3) Facilities with a Standard Industrial
Classification code of:

(A) 2600 through 3199,
(BJ 3300 through 3399, or
iCJ 4911,

shall file a permit application between
the 180th day and 240th day following
approval of this Section by EPA.
Facilities having more than one Standard Industrial
Classification code shall file a permit application
when the first Standard Industrial Classification is
called for the facility.

(b) The Director may allow the owner or

operator of a facility additional time to submit the
permit application required under Paragraph (a) of
this Rule provided that:

(1) The owner or operator of the facility
can demonstrate that he cannot comply
with the schedule in Paragraph (a) of
this Rule, and

(2) The application is submitted within 12
months following approval of this

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2302

PROPOSED RULES

Section by EPA.

(c) If the owner or operator of a facility submits
the permit application required under Paragraph (a)
of this Rule before he is required to submit the
application under Paragraph (a) of this Rule, the
Director shall not consider the application to have
been submitted for the purposes of completeness
review until the first day of the scheduled
submittal under Paragraph (a) of this Rule.

(d) The Director shall notify, in writing.

currently permitted facilities that may be subject to
this Section of the date that EPA approves this
Section.

(e) The Director shall take final action on any
completed permit application containing an early
reduction demonstration under Section 1 12(i)(5) of
the federal Clean Air Act within nine months of
receipt of the complete application.

(f) The submittal of permit applications and the
permitting of facilities subject to Title IV shall
occur in accordance with the deadlines in Title IV
and Section .0400 of this Subchapter.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0507 APPLICATION

(a) Except for:
(1) minor permit modifications covered
under Rule .0515 of this Section,
significant modifications covered under

£2)

Rule .0516(c) of this Section, or
permit applications submitted under
Rule .0506 of this Section,
the owner or operator of a source shall have one
year from the date of beginning of operation of the
source to file a complete application for a permit
or permit revision. However, the owner or
operator of the source shall not begin construction
or operation until he has obtained a construction
and operation permit pursuant to Rule .0501(c) or
(d) and Rule .0504 of this Section.

(b) The application shall include all the
information described in 40 CFR 70.5(c),
including a list of insignificant activities exempted
because of size or production rate under Rule
.0102(b)(2) or ,0508(aa) of this Subchapter, but
not including insignificant activities exempted
because of category under Rule .0102(b)(1) of this
Subchapter. The application form shall be
certified by a responsible official for truth,
accuracy, and completeness. In the application
submitted pursuant to this Rule, the applicant may
attach copies of applications submitted pursuant to
Section .0400 of this Subchapter or J_5_A NCAC

2D .0530 or .0531, provided the information in
those ap plications contains information required in
this Section and is current, valid, and complete.

(c) Application for a permit, permit revision, or
permit renewal shall be made in accordance with
Rule .0104 of this Subchapter on official forms of
the Division and shall include plans and
specifications giving all necessary data and
information as required by the application form.
Whenever the information provided on these forms
does not describe the source or its air pollution
abatement equipment to the extent necessary to
evaluate the application, the Director may request
that the applicant provide any other information
that the Director considers necessary to evaluate
the source and its air pollution abatement
equipment.

(d) Along with filing a complete application
form, the applicant shall also file the following:

(1) for a new facility or an expansion of
existing facility, a consistency
determination in accordance with G.S.
143-215. 108(f) that:
bears the date of receipt entered by
the clerk of the local government, or
consists of a letter from the local
government indicating that all zoning
or subdivision ordinances are met by
the facility;
for a new facility or modification of an
existing facility, a written description of
current and projected plans to reduce
the emissions of air contaminants by
source reduction and recycling in
accordance with G.S. 143-215. 108(g);
and

if required by the Director, information
showing that:
The applicant is financially qualified
to carry out the permitted activities,
or

IA)
IB]

12}

13)

IA}

(e) The applicant shall submit copies of the
application package as follows:

(1) for sources subject to the requirements
of 15A NCAC 2D .0530, .0531, or
. 1200, six copies plus one additional
copy for each affected state that the

2303

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PROPOSED RULES

£2)

Director has to notify;

for sources not subject to the

requirements of 15A NCAC 2D .0530,

.0531, or .1200, four copies plus one

additional copy for each affected state

that the Director has to notify.

The Director may at any time during the

application process request additional copies of the

complete application package from the applicant.

(f) The Division shall review all applications
within 60 days of receipt of the application to
determine whether the application is complete or
incomplete and so notify the applicant. The
notification shall be a letter:

(1) stating that the application is deemed
complete;

(2) stating that the application is incomplete
and requesting additional information;

0£

(3) stating that the application is incomplete
and that the applicant needs to rewrite
the application and resubmit iL

If the Division does not notify the applicant by
letter dated within 60 days of receipt of the
application that the application is incomplete, the
application shall be deemed complete. A
completeness determination shall not prevent the
Director from requesting additional information at
a later date when such information is considered
necessary to properly evaluate the source or its air
pollution abatement equipment. A completeness
determination shall not be necessary for minor
modifications under Rule .0514 of this Section.

(g) Any applicant who fails to submit any
relevant facts or who has submitted incorrect
information in a permit application shall, upon
becoming aware of such failure or incorrect
submittal, submit, as soon as possible, such
supplementary facts or corrected information. In
addition, an applicant shall provide additional
information as necessary to address any
requirements that become applicable to the source
after the date he filed a complete application but
prior to release of a draft permit.

(h) The applicant shall submit the same number
of copies of additional information as required for
the application package.

(i) The submittal of a complete permit
application shall not affect the requirement that any
facility have a preconstruction permit under 15A
NCAC 2D .0530, .0531, or .0532 or under
Section .0400 of this Subchapter.

(j) The Director shall give priority to permit
applications containing early reduction
demonstrations under Section 1 12(i)(5) of the

federal Clean Air Act. The Director shall take
final action on such permit applications as soon as
practicable after receipt of the complete permit
application.

(1) The applicant shall retain for the duration of
the permit term one complete copy of the
application package and any information submitted
in support of the application package.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0508 PERMIT CONTENT

(a) The permit shall specify and reference the
origin and authority for each term or condition and
shall identify any differences in form as compared
to the applicable requirement on which the term or
condition is based.

(b) The permit shall specify emission limitations
and standards, including operational requirements
and limitations, that assure compliance with all
applicable requirements at the time of permit
issuance.

(c) Where an applicable requirement of the
federal Clean Air Act is more stringent than an
applicable requirement of rules promulgated
pursuant to Title IV, both provisions shall be
placed in the permit. The permit shall state that
both provisions are enforceable by EPA.

(d) The permit for sources using an alternative
emission limit established under 15A NCAC 2D
.0501(f) or L5A NCAC 2D .0952 shall contain
provisions to ensure that any resulting emissions
limit has been demonstrated to be quantifiable,
accountable, enforceable, and based on replicable
procedures.

(e) The expiration date contained in the permit
shall be for a fixed term of five years for sources
covered under Title IV and for a term of no more
than five years from the date of issuance for all
other sources including solid waste incineration
units combusting municipal waste subject to
standards under Section 129(e) of the federal Clean
Air Act.

(f) The permit shall contain monitoring and
related recordkeeping and reporting requirements
as specified in 40 CFR 70.6(a)(3) and 70.6(c)(1)
including conditions requiring:

(1) the permittee to retain records of all

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L^J

1A]

ill

required monitoring data and supporting
information for a period of at least five
years from the date of the monitoring
sample, measurement, report, or
application (Supporting information
includes all calibration and maintenance
records and all original strip-chart
recordings for continuous monitoring
information, and copies of all reports
required by the permit.);
the permittee to submit reports of any
required monitoring at least every six
months. The permittee shall submit
reports:

on official forms obtained from the

Division at the address in Rule .0104

of this Subchapter,

in a manner as specified by a permit

condition, or

on such other forms as approved by

the Director; and
the permittee to report malfunctions,
emergencies, and other upset conditions
as prescribed in 15 A NCAC 2D .0524,
.0525, or .0535 and to report by the
next business day deviations from
permit requirements or any excess
emissions not covered under 15A
NCAC 2D .0524, .0525, or .0535.

The permittee shall report in writing to
either the Director or Regional
Supervisor all other deviations from
permit requirements not covered under
15A NCAC 2D .0535 within two
business days after becoming aware of
the deviation. The permittee shall
include the probable cause of such
deviation and any corrective actions or
preventive measures taken. All

deviations from permit requirements
shall be certified by a responsible
official.

Where appropriate, the Director may allow records
to be maintained in computerized form.
Monitoring, recordkeeping, and reporting shall not
be required for insignificant activities except to the
extent necessary to comply with Rule .0207 of this
Subchapter.

(g) If fhe facility is required to develop and
register a risk management plan pursuant to
Section 1 12(r) of the federal Clean Air Act, the
permit need only specify that the owner or
operator of the facility will comp ly with the
requirement to register such a plan. The content
of file risk management plan need not itself be

incorporated as a permit term or condition.

(h) The permit shall contain a condition
prohibiting emissions exceeding any allowances
that a facility lawfully holds under Title IV. The
permit shall not limit the number of allowances
held by a permittee, but the permittee may not use
allowances as a defense to noncompliance with any
other applicable requirement.

if] The permit shall contain a severability clause
so that various permit requirements will continue
to be valid in the event of a challenge to any other
portion of the permit.

{]) The permit shall state that noncompliance
with any condition of the permit is grounds for
enforcement action; for permit termination-
revocation and reissuance, or modification; or for
denial of a permit renewal application.

(k) The permit shall state that the permittee may
not use as a defense in an enforcement action that
it would have been necessary to halt or reduce the
permitted activity j_n order to maintain compliance
with the conditions of the permit.

ill The permit shall state that the Director may
reopen, modify, revoke and reissue, or terminate
the permit for reasons specified in Rule .0517 or
.0519 of this Section. The permit shall state that
the filing of a request by the permittee for a permit
revision, revocation and reissuance, or
termination, notification of planned changes, or
anticipated noncompliance does not stay any
permit condition.

(m) The permit shall state that the permit does
not convey any property' rights of any sort, or any
exclusive privileges.

(n) The permit shall state that the permittee shall
furnish to ffie Division, in a timely manner, any
reasonable information that the Director may
request in writing to determine whether cause
exists for modifying, revoking and reissuing, or
terminating the permit or to determine compliance
with the permit. The permit shall state that the
permittee shall furnish the Division copies of
records required to be kept by the permit when
such copies are requested by the Director. For
information claimed to be confidential, the
permittee may furnish such records directly to
EPA along with a claim of confidentiality.

(o) The permit shall contain a provision to
ensure that the permittee pays fees required under
Section .0200 of this Subchapter.

(p) The permit shall state the terms and

conditions for reasonably anticipated operating

scenarios identified by the applicani in the

application. These terms and conditions shall:

( 1 ) require t h e permittee.

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contemporaneously with making a
change from one operating scenario to
another, to record m a jog at the
permitted facility a record of the
operating scenario under which it is
operating;

extend the permit shield described in
Rule .0512 of this Section to all terms
and conditions under each such
operating scenario; and
ensure that each operating scenario
meets all applicable requirements of
Subchapter 2D of this Chapter and of
this Section,
(q) The permit shall identify which terms and
conditions are enforceable by:

(1) both EPA and the Division;
the Division only;
EPA only; and
citizens under the federal Clean Air

121

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£4}

Act.

(r) The permit shall state that the permittee shall
allow personnel of the Division to:

(1) enter the permittee's premises where
the permitted facility is located or
emissions-related activity [s conducted.
or where records are kept under the
conditions of the permit;

(2) have access to and copy, at reasonable
times, any records that are required to
be kept under the conditions of the
permit;

(3) inspect at reasonable times and using
reasonable safety practices any source,
equipment (including monitoring and
air pollution control equipment),
practices, or operations regulated or
required under the permit; and

(4) sample or monitor substances or
parameters, using reasonable safety
practices, for the purpose of assuring
compliance with the permit or
applicable requirements at reasonable
times.

(s) When a compliance schedule is required
under 40 CFR 70.5(c)(8) or under a rule contained
in Subchapter 2D of this Chapter, the permit shall
contain the compliance schedule and shall state that
the permittee shall submit at least semiannually, or
more frequently if specified m the applicable
requirement, a progress re port. The progress
report shall contain:

(1) dates for achieving the activities,
milestones, or compliance required in
the compliance schedule, and dates

when such activities, milestones, or
compliance were achieved; and
(2) an explanation of why any dates in the
compliance schedule were not or will
not be met, and any preventive or
corrective measures adopted,
(f) The permit shall contain requirements for
compliance certification with the terms and
conditions in the permit, including emissions
limitations, standards, or work practices. The
permit shall specify:

(1) the frequency (not less than annually or
more frequently as specified in the
a pplicable requirements or by the
Director) of submissions of compliance
certifications;

(2) a means for monitoring the compliance
of the source with its emissions
limitations, standards, and work
practices;

(3) a requirement that the compliance
certification include:

(A) the identification of each term or
condition of the permit that is the
basis of the certification;

(B) the compliance status as shown by
monitoring data and other information
reasonably available to the permittee;

(D) the method(s) used for determining
the compliance status of the source,
currently and over the reporting
period; and

(E) such other facts as the permit may
specify to determine the compliance
status of the source;

(4) that all compliance certifications be
submitted to EPA as well as to the
Division; and

(5) such additional requirements as may be
specified under Sections 1 14(a)(3) or
504(b) of the federal Clean Air Act.

(u) The permit shall contain a condition that
authorizes the permittee to make Section
502(b)(10) changes, off-permit changes, or
emission trades in accordance with Rule .0523 of
this Section.

(v) The permit shall include all applicable
requirements for all sources covered under the
permit.

(w) The permit shall specify the conditions
under which the permit shall be reopened before
the expiration of the permit.

(x) If regulated, fugitive emissions shall be

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included in the permit in the same manner as stack
emissions.

(y) The permit shall contain a condition
requiring annual reporting of actual emissions as
required under Rule .0207 of this Subchapter.

(z) The permit shall not include sources for
which there are no applicable requirements.

(aa) The permit shall not include insignificant
activities or other activities that the applicant
demonstrates to the satisfaction of the Director to
be negligible in their air quality impacts, not to
have any air pollution control device, and not to
violate any applicable emission control standard
when operating at maximum design capacity or
maximum operating rate, whichever is greater.

(bb) The permit may contain such other
provisions as the Director considers appropriate.

Statutory Authority G.S. 143-215. 3(a)(1);

143-215.65; 143-215.66; 143-215. 107(a)(10);
143-215. 108.

.0509 PERMITTING OF NUMEROUS
SIMILAR FACILITIES

fa} The Director may issue, after notice and
opportunity for public participation provided jn
Rule .0521 of this Section, a permit to cover
numerous similar facilities or sources.

(b) The Director shall not issue a permit under
this Rule unless the following conditions are met:

(1) There is no unique difference that
would require special permit conditions
for any individual facility; and

(2) No unique analysis is required for any
facility covered under the permit.

(d) A permit issued under this Rule shall
identify criteria by which facilities or sources may
qualify for the permit. To facilities or sources that
qualify, the Director shall grant the terms and
conditions of the permit.

(e) The facility or source shall be subject to
enforcement action for operating without a permit
if the facility or source js later determined not to
qualify for the terms and conditions of the permit
issued under this Rule.

(f) Sources subject to Title IV shall not be
eligible for a permit issued under this Rule.

(g) The owner or operator of a facility or source
that qualifies for a permit is sued under this Rule
shall apply for coverage under the terms of the
permit issued under this Rule or shall apply for a
regular permit under this Section.

(h) The Division need not repeat the public

participation procedures required under Rule .0521
of this Section when it grants a request by a permit
applicant to operate under a permit issued under
this Rule.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0510 PERMITTING OF FACILITIES AT
MULTIPLE TEMPORARY SITES

(a) The Director may issue a single permit
authorizing emissions from similar operations by
the same facility owner or operator at multiple
temporary sites.

(b) In order for a facility to qualify for a permit
for a multiple temporary site under this Rule, the
operation must involve at least one change of site
during the term of the permit.

(d) Permits for facilities at multiple temporary
sites shall include:

iii

111

identification of each site;
conditions that will assure compliance
with all applicable requirements at all
authorized locations;
requirements that the permittee notify
the Division at least 10 days in advance
of each change of location; and
conditions that assure compliance with
all other provisions of this Section.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0511 SYNTHETIC MINOR FACILITIES

(a) The owner or operator of a facility to which
this Section applies may choose to have terms and
conditions placed in his permit to restrict operation
to limit the potential to emit of the facility m order
to remove the applicability of this Section to the
facility.

(b) Any permit containing terms and conditions
to remove the applicability of this Section after one
year after EPA approves this Section shall be
processed according to Rules .0521 and .0522 of
this Section when these terms and conditions are
first placed in the permit.

(c) After a facility is issued a permit that
contains terms and conditions to remove the
applicability of this Section, the facility shall
comply with the permitting requirements of
Section .0300 of this Subchapter.

(d) If the holder of a permit for a synthetic
minor facility applies to change a term or

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condition that removed his facility from the
applicability of this Section, the application shall
be processed under this Section.

(e) The Director may require monitoring,
recordkeeping, and reporting necessary to assure
compliance with the terms and conditions placed in
the permit to remove the applicability of this
Section.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215.65; 143-215.66; 143-215. 107(a)(10);
143-215. 108.

. 05 12 PERMIT SHIELD AND APPLICATION
SHIELD

£a] Permit Shield:

(1) The Director shall place in a permit
issued under this Section a permit term
or condition {a permit shield) stating
that compliance with the conditions of
the permit shall be deemed compliance
with applicable requirements
specifically identifie d in the permit in
effect as of the date of permit issuance,
provided that:

(A) Such applicable requirements are
included and are specifically identified
in the permit; or

(B) The Director, in acting on the permit
application or revision, determines in
writing that other requirements
specifically identified are not
applicable to the source, and the
permit includes the determination or a
concise summary thereof.

(2) A permit that does not expressly state
that a permit shield exists shall be
presumed not to provide such a shield.

(3) A permit shield shall not alter or affect:

(A) the power of the Commission,
Secretary of the Department, or
Governor under G.S.
143-215. 3(a)(12) or EPA under
Section 303 of the federal Clean Air
Act;

(B) the liability of an owner or operator
of a facility for any violation of
applicable requirements prior to the
effective date of the permit or at the
time of permit issuance;

(D) the ability of the Director (or EPA
under Section 1 14 of the federal
Clean Air Act) to obtain information

to determine compliance of the facility
with its permit, this Section, or
Subchapter 2D of this Chapter.

(4) A permit shield shall not apply to any
change made at a facility that does not
re quire a permit revision.

(5) A permit shield shall not extend to
minor permit modifications made under
Rule .0515 of this Section until the
minor permit modification is approved
by the Director and EPA; then the
Director shall place a permit shield in
the permit for the minor permit
modification.

(b) Application Shield.

(1) Except as provided in Subparagraph
(b)(2) of this Rule, rf the applicant
submits a timely and complete
application for permit issuance
(including for renewal) , the facility's
failure to have a permit under this
Section shall not be a violation:

(A) unless the delay jn final action is due
to the failure of the applicant's timely
submission of information as required
or requested by the Director, or

(B) until the Director takes final action on
the permit application.

(2) Subparagraph (b)(1) of this Rule shall
cease to app ly if^ subsequent to the
completeness determination made under
Rule .0507 of this Section, the
applicant fails to submit by the deadline
specified in writing by the Director,
any additional information identified as
being needed to process the application.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0513 PERMIT RENEWAL AND
EXPIRATION

(a) Permits being renewed are subject to the
procedural requirements of this Section, including
those for public participation and affected State
and EPA review.

(b) Permit expiration terminates the facility's
right to operate unless a complete renewal
application has been submitted at least nine months
before the date of permit expiration.

(c) If the permittee or applicant has complied
with Rule .0512(b)(1) of this Section, the existing
permit shall not expire until the renewal permit has
been issued or denied. All terms and conditions of
the existing permit shall remain in effect until the

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PROPOSED RULES

renewal permit has been issued or denied.

Statutory Authority 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0514 ADMINISTRATIVE PERMIT
AMENDMENTS

(a) An "administrative permit amendment"
means a permit revision that:

(1) corrects typographical errors;

(2) identifies a change in the name, address
or telephone number of any individual
identified in the permit, or provides a
similar minor administrative change at
the facility;

(3) requires more frequent monitoring or
reporting by the permittee;

(4) changes test dates or construction dates;

(5) moves terms and conditions from the
State-enforceable only portion of a

permit t o t h e

State-and-federal-enforceable portion of
the permit;

(6) moves terms and conditions from the
federal-enforceable only portion of a

permit t o t h e

State-and-federal-enforceable portion of
the permit;

(7) changes the permit number without
changing any portion of the permit that
is federally enforceable that would not
otherwise qualify as an administrative
amendment; or

(8) changes the State-enforceable only
portion of the permit.

£b) In making administrative permit

amendments, the Director:

(1) shall take final action on a request for
an administrative permit amendment
within 60 days after receiving such
request.

(2) may make administrative amendments
without providing notice to the public
or any affected State(s) provided he
designates any such permit revision as
having been made pursuant to this
Rule, and

(3) shall submit a copy of the revised
permit to EPA.

(c) The permittee may implement the changes
addressed in the request for an administrative
amendment immediately upon submittal of the
request.

(d) Upon taking final action granting a request
for an administrative permit amendment, the

Director shall allow coverage by the permit shield
under Rule .0512 of this Section for the
administrative permit amendments made.

(e) Administrative amendments for sources
covered under Title IV shall be governed by rules
in Section .0400 of this Subchapter.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0515 MINOR PERMIT MODIFICATIONS

(a) The procedures set out in this Rule may be
used for permit modifications when the
modifications:

(1) do not violate any applicable
requirement;

(2) do not involve significant changes to
existing monitoring. reporting, or
recordkeeping requirements in the
permit;

(3) do not require or change a case-by-case
determination of an emission limitation
or other standard, or a source-specific
determination for temporary' sources of
ambient impacts, or a visibility or
increment analysis:

(4) do not seek to establish or change a
permit term or condition for which
there is no corresponding underlying
applicable requirement and that the
facility has assumed to avoid an
applicable requirement to which the
facility would otherwise be subject.
Such terms and conditions include:

(A) a federally enforceable emissions cap
assumed to avoid an applicable
requirement under any provision of
Title I of the federal Clean Air Act:
or

(B) an alternative emissions limit
approved as part of an early reduction
plan submitted pursuant to Section
1 12(i)(5) of the federal Clean Air Act;

(5) are not modifications under am 1
provision of Title I of the federal Clean
Air Act: and

(6) are not required to be processed as a
significant modification under Rule
.0516 of this Section.

(b) In addition to the items required under Rule
.0505 of this Section, an application requesting the
use of the procedures set out m this Rule shall
include:

(1) an application form including:
(A) a description of the change.

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(B) the emissions resulting from the
change, and

(2) a list of the facility's other pending
applications awaiting group processing
and a determination of whether the
requested modification, aggregated with
these other applications, equals or
exceeds the thresholds set out under
Subparagraphs (c)(1) through (3) of this
Rule;

(3) the applicant's suggested draft permit;

(4) certification by a responsible official
that the proposed modification meets
the criteria for using the procedures set
out in this Rule and a request that these
procedures be used; and

(5) complete information for the Director
to use to notify EPA and affected
States.

(c) The Director shall use group processing for
minor permit modifications processed under this
Rule. The Director shall notify EPA and affected
States of the requested permit revisions under this
Rule and shall provide the information specified in
Rule .0522 of this Section on a quarterly basis. If
the aggregated emissions from all pending minor
permit modifications equal or exceed:

(1) 10 percent of the emissions allowed for
the source for which the change ]s
requested,

(2) 20 percent of the applicable definition
of major facility, or

(3) five tons per year,

then the Director shall notify EPA and affected
States within five business days of the requested
permit revision under this Rule and shall provide
the information specified in Rule .0522 of this
Section.

(d) Within 180 days after receiving a completed
application for a permit modification or 15 days
after the end of EPA's 45 -day review period,
whichever is later, the Director shall:

(1) issue the permit modification as
proposed;

(2) deny the permit modification
application;

(3) determine that the requested
modification does not qualify for the
procedures set out in this Rule and
should therefore, be processed under
Rule .0516 of this Section;

(4) revise the draft permit modification and

transmit the proposed permit to EPA.
(e) The permit applicant may make the change
proposed in his minor permit modification
application immediately after filing the completed
application with the Division. After the applicant
makes the change, the facility shall comply with
both the applicable requirements governing the
change and the proposed permit terms and
conditions until the Director takes one of the final
actions specified in Paragraph (d)(1) through (d)(4)
of this Rule. Between the filing of the permit
modification application and the Director's final
action, the facility need not comply with the
existing permit terms and conditions it seeks to
modify. However, if the facility fails to comply
with its proposed permit terms and conditions
during this time period, the Director may enforce

the terms and conditions of the existing permit that
the applicant seeks to modify.

(f) The permit shield allowed under Rule .0512
of this Section shall not extend to minor permit
modifications, until the minor permit modification
is approved by the Director and EPA; then the
Director shall place a permit shield in the permit
for the minor permit modification.

(g) If the State-enforceable only portion of the
permit is revised, the procedures in Section .0300
of this Subchapter shall be followed.

(h) The proceedings shall affect only those parts
of the permit related to the modification.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. W7(a)(10); 143-215. 108.

.0516 SIGNIFICANT PERMIT
MODIFICATION

(a) The procedures set out in this Rule shall be
used for applications requesting permit
modifications under this Rule or permit
modifications that do not qualify for Rule .0514,
.0515, .0523, or .0524 of this Section.

(b) Significant modifications include
modifications that:

(1) involve a significant change in existing
monitoring permit terms or conditions
or relax any reporting or recordkeeping
permit terms or conditions;

(2) require or change a case-by-case
determination of an emissions limitation
or other standard, or a source-specific
determination for temporary sources of
ambient impacts, or a visibility or
increment analysis;

(3) seek to establish or change a permit
term or condition for which there is no

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(4)

corresponding underlying applicable

requirement and that the facility has

assumed to avoid an applicable

requirement to which the facility would

otherwise be subject; or

are modifications under any provision

of 15A NCAC 2D or 2Q or Title I of

the federal Clean Air Act any

modification not processed under Rule

.0514, .0515, .0523, or .0524 of this

Section.

modification that would contravene or conflict with

the existing permit shall be processed following the

procedure set out in Rule .0501(d) of this Section.

£d) An application for a significant permit

modification that does not contravene or conflict

with the existing permit shall be processed

following the procedure set out in Rule .0501(c) of

this Section.

(e) This Rule shall not preclude the permittee
from making changes consistent with this Section
that would render existing permit compliance
terms and conditions irrelevant.

(f) Except for the State-enforceable only portion
of the permit, the procedures set out in Rule
.0507, .0521, or .0522 of this Section shall be
followed to revise a permit under this Rule. If the
State-enforceable only portion of the permit is
revised, the procedures in Section .0300 of this
Subchapter shall be followed. The proceedings
shall affect only those parts of the permit related to
the significant modification.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0517 REOPENING FOR CAUSE

(a) A permit shall be reopened and revised
under the following circumstances:

(1) Additional applicable requirements
become applicable to a facility with
remaining permit term of three or more
years;

Additional requirements (including
excess emissions requirements) become
applicable to a source covered by Title
IV (Upon approval by EPA, excess
emissions offset plans shall be deemed
to be incorporated into the permit.);
The Director or EPA finds that the
permit contains a material mistake or
that inaccurate statements were made in
establishing the emissions standards or
other terms or conditions of the permit;

(21

ill

or
(4) The Director or EPA determines that
the permit must be revised or revoked
to assure compliance with the
applicable requirements.

(b) Any permit reopening under Subparagraph
(a)(1) of this Rule shall be completed or a revised
permit issued within 18 months:

(1) after submittal of a complete application
if an application is required, or

(2) after the applicable requirement is
promulgated if no application is
required.

No reopening is required if the effective date of
the requirement is after the expiration of the
permit term.

(c) Except for the State-enforceable only portion
of the permit, the procedures set out in Rule
.0507, .0521, or .0522 of this Section shall be
followed to reissue a permit that has been
reopened under this Rule. If the State-enforceable
only portion of the permit is reopened, the
procedures in Section .0300 of this Subchapter
shall be followed. The proceedings shall affect
only those parts of the permit for which cause to
reopen exists.

(d) The Director shall notify the permittee at
least 60 days in advance of the date that the permit
is to be reopened, except m cases of imminent
threat to public health or safety the Director may
notify the permittee less than 60 days before
reopening the permit. The notice shall explain
why the permit is being reopened.

(e) Within 90 days, or 180 days if EPA extends
the response period, after receiving notification
from EPA that it finds that a permit needs to be
terminated, modified, or revoked and reissued, the
Director shall send to EPA a proposed
determination of termination, modification, or
revocation and reissuance, as appropriate.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0518 FINAL ACTION

(a) The Director may:

(1) issue a permit, permit revision, or a
renewal containing the conditions
necessary to carry out the purposes of
G.S. 143, Article 21B and the federal
Clean Air Act; or

(2) rescind a permit upon request by the
permittee; or

(3) deny a permit application when
necessary to carry out the purposes of

2311

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PROPOSED RULES

G.S. 143, Article 21B and the federal
Clean Air Act.

(b) The Director may not issue a final permit or
permit revision, except administrative permit
amendments covered under Rule .0514 of this
Section, until EPAs 45 -day review period has
expired or until EPA has notified the Director that
EPA will not object to issuance of the permit or
permit revision, whichever occurs first. The
Director shall issue the permit or permit revision
within five days of receipt of notification from
EPA that it will not object to issuance or of the
expiration of EPA's 45 -day review period,
whichever occurs first.

(c) If EPA objects to a proposed permit, the
Director shall respond to EPA's objection within
90 days after receipt of EPA's objection. The
Director shall not issue a permit under this Section
over EPA's objection.

(d) If EPA does not object in writing to the
issuance of a permit, any person may petition EPA
to make such objections by following the
procedures and meeting the requirements under 40
CFR 70.8(d).

(e) No permit shall be issued, revised, or
renewed under this Section unless all the
procedures set out in this Section have been
followed and all the requirements of this Section
have been met. Default issuance of a permit,
permit revision, or permit renewal by the Director
is prohibited.

(f) Final action shall be taken within 18 months
of a submittal of a completed application, subject
to adjudication, except for applications submitted
under Rule .0506 or .0515 of this Section.

(g) Thirty days after issuing a permit, including
a permit issued pursuant to Rule .0509 of this
Section, that is not challenged by the applicant, the
Director shall notice the issuance of the final
permit. The notice shall be issued in a newspaper
of general circulation m the area where the facility
is located. The notice shall include the name and
address of the facility and permit number.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0519 TERMINATION, MODIFICATION,
REVOCATION OF PERMITS

(a) The Director may terminate, modify, or
revoke and reissue a perm it issued under this
Section if:

(1) The information contained in the
application or presented in support
thereof is determined to be incorrect;

12}

121

141

£5}

The conditions under which the permit

or permit renewal was granted have

changed;

Violations of conditions contained in

the permit have occurred;

The permit holder fails to jsay fees

required under Section .0200 of this

Subchapter within 30 days after being

billed;

The permittee refuses to allow the

Director or his authorized

representative upon presentation of

credentials:

(A) to enter, at reasonable times and using
reasonable safety practices, the
permittee's premises in which a
source of emissions ]s located or hi
which any records are required to be
kept under terms and conditions of the
permit;

(B) to have access, at reasonable times, to
any copy or records required to be
kept under terms and conditions of the
permit;

(C) to inspect, at reasonable times and
using reasonable safety practices, any
source of emissions, control
equipment, and any monitoring
equipment or method required jn the
permit; or

(D) to sample, at reasonable times and
using reasonable safety practices, any
emission source at the facility;

EPA requests that the permit be
revoked under 40 CFR 70.7(g) or
70.8(d); or

The Director finds that termination,
modification or revocation and
reissuance of a permit is necessary to
carry out the purpose of G.S. 143,
Article 2 IB.
To operate a facility or source after its

permit has been revoked is a violation of this

Section and G.S. 143-215.108.

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb);
143-215. 107(a)(10); 143-215. 108.

.0520 CERTIFICATION BY RESPONSIBLE
OFFICIAL

(a) A responsible official shall certify the truth,
accuracy, and completeness of any application
form, report, or compliance certification required
under this Section or by a term or condition in a
permit issued under this Section.

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PROPOSED RULES

(b) This certification shall state that, based on
information and belief formed after reasonable
inquiry, the statement and information in the
document are true, accurate, and complete.

Statutory Authority G.S. 143-215. 3(a)(1), (2);
143-215. 107(a)(10); 143-215. 108.

.0521 PUBLIC PARTICIPATION

(a) The Director shall give public notice with an
opportunity for comments and a hearing on all
draft permits and permit revisions except permit
revisions issued under Rules .0514. .0515. .0524
of this Section. The Director may give public
notice with an opportunity for comments and a
hearing on draft permit revisions issued under Rule
.0514. .0515. 0524 of this Section.

(b) The notice shall be given by publication in
a newspaper of general circulation in the area
where the facility is located and shall be mailed to
persons who are on the Division's mailing list for
air quality permit notices.

(1) the affected facility';

(2) the name and address of the permittee;

(3) the name and address of the person to
whom to send comments and requests
for public hearing;

(4) the name, address, and telephone
number of Divisional staff from whom
interested persons may obtain additional
information, including copies of the
permit draft. the application.
compliance plan. monitoring and
compliance reports, all other relevant
supporting materials, and all other
materials available to Division that are
relevant to the permit decision;

(5) the activity or activities involved in the
permit action;

(6) any emissions change involved in any
permit modification;

(7) a brief description of the comment
procedures;

(8) the procedures to follow to request a
hearing unless a hearing has already
been scheduled; and

(9) the time and place of any hearing that
has already been scheduled.

(d) The Director shall send a copy of the notice
to affected States and EPA.

(e) The notice shall allow 30 days for public
comments.

(f) If the Director finds that a public hearing is
[n the best interest of the public, the Director shall

require a public hearing to be held on a draft
permit. Notice of a public hearing shall be given
at least 30 days before the hearing.

(g) If EPA requests a record of the comments
and of the issues raised during the public
participation process, the Director shall provide
EPA this record.

(h) Persons who desire to be placed on the
Division's mailing list for air quality permit
notices shall send their request to the Director.
Division of Environmental Management. P.O. Box
29535. Raleigh. North Carolina 27626-0535 and
shall pay an annual fee of thirty dollars ($30.00).

ill Any persons requesting copies of material
identified in Subparagraph (c)(4) of this Rule shall
pay ten cents ($0.10) a page for every page
copied. Confidential material shall be handled in
accordance with Rule .0107 of this Subchapter.

Statutory Authority G.S. 143-215. 3(a)(1), (3);
143-215. 107(a)(10);143-21 5. 108:143-21 5. Ill (4).

.0522 REVIEW BY EPA AND AFFECTED

STATES

(a) The Director shall provide EPA a copy of
each permit application, including any application
for permit revision, each proposed permit, and
each final permit issued under this Section. If
EPA has informed the Director that a permit
application summary and relevant portion of the
permit application and compliance plan are all it
needs, the Director may provide this abridgement
in place of the complete application.

(b) The Division shall retain for five years a
copy of al] permit applications, permits, and other
related material submitted to or issued by the
Division under this Section.

(c) The Director shall provide notice to each
affected State of each draft permit at or before the
time notice is provided to the public under Rule
.0521 of this Section.

(d) The Director, in writing, shall notify EPA
and any affected State of any refusal by the
Division to accept all recommendations for the
proposed permit that the affected State submitted
during the public or affected State review period
and shall state the reasons for not accepting any
such recommendations.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10);143-215. 108:143-215.1 1 1(5).

.0523

CHANGES NOT REQUIRLNG
PERMIT REVISIONS

Section 502(b)(10) changes:

2313

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PROPOSED RULES

(1) The permittee may make Section
502(b) (10) changes without having his
permit revised if:

(A) The changes are not a modification
under 15A NCAC 2D or Title I of the
federal Clean Air Act;

(B) The changes do not cause the
emissions allowable under the permit
to be exceeded;

(C) The permittee notifies the Director
and EPA with written notification at
least seven days before the change is
made; and

(D) The permittee shall attach the notice
to the relevant permit.

(2) The written notification required under
Part (a)(1)(C) of this Rule shall include:

(A) a description of the change,

(B) the date on which the change will
occur,

(D) any permit term or conditions that is
no longer applicable as a result of the
change.

£3] Section 502(b)(10) changes shall be
made in the permit the next time that
the permit is revised or renewed,
whichever comes first.

(b) Off-permit changes. A permittee may make
changes in his operation or emissions without
revising his permit if:

( 1 ) The change affects only insignificant
activities and the activities remain
insignificant after the change, or

(2) The change is not covered under any
applicable requirement.

(1) To the extent that emissions trading is
allowed under 15A NCAC 2D,
including subsequently adopted
maximum achievable control technology
standards, emissions trading shall be
allowed without permit revisions
provided that:

(A) All applicable requirements are met;

(B) The permittee complies with all terms
and conditions of the permit in
making the emissions trade; and

(2) If an emissions cap has been established
by a permit condition for the purposes
of limiting emissions below that

allowed by an otherwise applicable
requirement, emissions trading shall be
allowed to the extent allowed by the
permit if:

(A) An emissions cap is established in the
permit to limit emissions;

(B) The permit specifies the emissions
limits with which each source shall
comply under any a pplicable

requirement;
The permittee

complies with all

permit terms that ensure the emissions
trades are enforceable, accountable,
and quantifiable;

(D) The permittee complies with all
applicable requirements;

(E) The permittee complies with the
emissions trading procedures in the
permit;

(F) The permittee notifies the Director
and EPA with written notification at
least seven days before the trade is
made.

(3) The written notification required under
Subparagraph (1) of this Paragraph
shall include:

(A) a description of the change,

(B) the date on when the change will
occur,

(D) the permit requirement with which the
facility or source will comply using
the emissions trading provision of the
applicable provision of 15A NCAC
2D, and

(E) the pollutants e mitted subject to the
emissions trade.

(4) The written notification required under
Subparagraph (2) of this Paragraph
shall include:

(A) a description of the change,

(B) the date on when the change will
occur,

(C) changes ii} emissions that will result
and how the increases and decrease in
emissions will comply with the terms
and conditions of the permit.

(d) The permit shield allowed under Rule .0512
of this Section shall not apply to changes made
under Paragraphs (a), (b), or (cj of this Rule.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

.0524 OWNERSHIP CHANGE

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2314

PROPOSED RULES

(a) Applications for ownership changes shall:

(1) contain the information required under
Rule .0505(4) of this Subchapter, and

(2) follow the procedures under Section
.0300 of this Subchapter.

(b) When the Director permits an ownership
change, he shall submit a copy of the permit to
EPA as an administrative amendment.

14]

a transportation facility.

"Transportation facility" means a

complex source as defined at G.S.

143-213(22) and is subject to the
requirements of 15A NCAC 2D .0800.

Statutory Authority G.S. 143-213; 143-21 5.3(a)(1);
143-215. 108.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 107(a)(10); 143-215. 108.

SECTION .0600 - TRANSPORTATION
FACILITY PROCEDURES

.0601 PURPOSE OF SECTION AM)

REQUIREMENT FOR A PERMIT

(a) The purpose of this Section is to describe the
procedures to be followed in applying for and
issuing a permit for a transportation facility.

(b) The owner or developer of a transportation
facility subject to the requirements of 15A NCAC
2D .0800 shall obtain a construction only permit
following the procedures in this Section. An
operation permit is not needed.

(c) The owner or developer of a transportation
facility required to have a permit under this
Section shall not commence construction or
modification of a transportation facility until he has
applied for and received a construction permit.

Statutory Authority G. S.
143-215. 108; 143-215. 109.

143-215. 3(a)(1);

.0602 DEFINITIONS

For the purposes of this Section, the following
definitions apply:

(1) "Construction" means any activity
following land clearing or grading that
engages in a program of construction
specifically designed for a transportation
facility in preparation for the fabrication,
erection, or installation of the building
components associated with the
transportation facility, e.g. curbing,
footings, conduit, paving, etc.

(2) "Level of service" means a qualitative
measure describing operational conditions
within a traffic stream ; generally
described in terms of such factors as
speed and travel time, freedom to
maneuver, traffic interruptions, comfort
and convenience, and safety.

(3) "Owner or developer" means any person
who owns, leases, develops, or controls

.0603 APPLICATIONS

(a) A transportation facility permit application
may be obtained from and shall be filed jn writing
in accordance with Rule .0104 of this Subchapter.

(b) Applicants shall file transportation facility
permit applications at least 90 days before
projected date of construction of a new
transportation facility or modification of an
existing transportation facility.

(c) The permittee shall file requests for permit
name or ownership changes as soon as the
permittee is aware of the imminent name or
ownership change.

(d) A transportation facility permit application
shall be made in triplicate on official forms of the
Director and shall include plans and specifications
giving all necessary data and information as
required by the application form.

(e) A transportation facility permit application
containing dispersion modeling analyses that
demonstrate compliance with ambient air quality
standards or traffic analyses showing a level of
service of ^ B, C, or D as defined in the
Highway Capacity Manual, 1985 edition, using
planned roadway and intersection improvements
shall include approval for the improvements from
the appropriate state or city department of
transportation. The Highway Capacity Manual ]s
hereby incorporated by reference and does not
include any subsequent amendments and editions.
This manual may be obtained from the Institute of
Transportation Engineers, 525 School Street
Southwest, Suite 410, Washington, D C.
20024-2729 at a cost of seventy-seven dollars
($77.00).

(f) Whenever the information provided on the
permit application forms does not describe the
transportation facility to the extent necessary to
evaluate the application, the Director may request
that the applicant provide any other information
that the Director considers necessary to evaluate
the transportation facility. Before acting on any
permit application, the Director may request any
information from an applicant and conduct any
inquiry or investigation that he considers necessary
to determine compliance with applicable standards

2315

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PROPOSED RULES

including traffic level of service,

(g) A non-refundable permit application fee shall
accompany each transportation facility permit
application. The permit application fee is
described in Section .0200 of this Subchapter.

Statutory Authority G.S. 143-215. 3(a)(1);
143-215. 108; 143-215. 109.

(g) Any persons requesting copies of material
identified in Subparagraph (c)(4) of this Rule shall
pay ten cents ($0. 10) a page for each page copied.
Confidential material shall be handled in
accordance with Rule .0107 of this Subchapter.

Statutory Authority G.S. 143-215. 3(a)(l ), (3);
143-21 5.4(b); 143-215.108; 143-215.109.

.0604 PUBLIC PARTICIPATION

(a) Before approving or disapproving a permit to
construct or modify a transportation facility, the
Director shall provide public notice for comments
with an opportunity to request a public hearing on
the draft permit.

(b) The public notice shall be given by
publication in a newspaper of general circulation in
the area where the transportation facility is
located.

(1) the affected facility;

(2) the name and address of the permittee;

(3) the name and address of the person to
whom comments and requests for
public hearing are to be sent;

(4) the name, address, and telephone
number of Divisional staff from whom
interested persons may obtain additional
information, including copies of the
draft permit, the application,
monitoring and compliance reports, all
other relevant supporting materials, and
all other materials available to Division
that are relevant to the permit decision;

(5) a brief description of the proposed
project;

(6) a brief description of the public
comment procedures;

(7) the procedures to follow to request a
public hearing unless a public hearing
has already been scheduled; and

(8) the time and place of any hearing that
has already been scheduled.

(d) The public notice shall allow at least 30 days
for public comments.

(e) If the Director finds that a public hearing is
in the best interest of the public, the Director shall
require a public hearing to be held on a draft
permit. Notice of a public hearing shall be given
at least 30 days before the public hearing.

.0605 FINAL ACTION ON PERMIT
APPLICATIONS

(a) The Director may:

( 1 ) issue a permit containing the conditions
necessary to carry out the purposes of
G.S. 143, Article 21B;

(2) rescind a permit upon request by the
permittee; or

(3) deny a permit application when
necessary to carry out the purposes of
G.S. 143, Article 2 IB.

(b) The Director shall issue a permit for the
construction or modification of a transportation
facility subject to the rules in 15A NCAC 2D
.0800 if the permit applicant submits a complete
application and demonstrates to the satisfaction of
the Director that the applicable standards will not
be exceeded .

(c) The Director shall issue a permit for a
period of time necessary to complete construction,
but such period shall not exceed five years.

(d) The Director shall not approve a permit for
a transportation facility that:

interferes with the attainment or

ill

12}

ill

maintenance of any applicable standard,

results in a contravention of applicable

portions of the implementation plan

control strategy, or

is demonstrated with dispersion

modeling to exceed an applicable

standard.

Statutory Authority G. S.
143-215. 108; 143-215. 109.

143-215. 3(a)(1);

.0606 TERMINATION, MODIFICATION
AND REVOCATION OF PERMITS

(a) The Director may terminate, modify, or
revoke and reissue any permit issued under this
Section if:

(1) The information contained in the
application or presented in support
thereof is determined to be incorrect;

(2) The conditions under which the permit
was granted have changed;

(3) Violations of conditions contained in

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2316

PROPOSED RULES

the permit have occurred;
(4) The permittee refuses to allow the
Di rector or his autho rized
upon

presentation of

representative
credentials:

(A) to enter, at reasonable times and using
reasonable safety practices, the
permittee's premises where the
transportation facility is located or
where any records are required to be
kept under terms and conditions of the
permit;

(B) to have access, at reasonable times, to
any copy or records required to be
kept under terms and conditions of the
permit;

(C) to inspect, at reasonable times and
using reasonable safety practices, the
transportation facility and any
monitoring equipment or monitoring
procedures required in the permit; or

(D) to sample, at reasonable times and
using reasonable safety practices,
emissions from the facility; or

(5) The Director finds that modification or

revocation of a permit is necessary to

carry out the purpose of G.S. 143,

Article 2 IB.

(b) The construction or continuation of

construction of a transportation facility after its

permit has been revoked is a violation of this

Section, G.S. 143-215. 108, and G.S. 143-215.109.

Statutory Authority G. S. 143-215. 3(a)(1), (la), (lb);
143-215.108; 143-215.109.

iSotice is hereby given in accordance with G.S.
150B-21.2 that the DEHNR - DEM - Air Quality
intends to adopt rule cited as 15A NCAC 2Q . 0112
and amend rule cited as 15A NCAC 2D .0518.

1 he proposed effective date of this action is July
1, 1994.

1 he public hearing will be conducted at:

7:00 pm

March 28, 1994

Charlotte/Mecklenburg Government Center

Room 118

600 East 4th Street

Charlotte, North Carolina

7:00 pm

March 30, 1994

Ground Floor Hearing Room

Archdale Building

512 N. Salisbury Street

Raleigh, North Carolina

MXeason for Proposed Action: To add a require-
ment for a Professional Engineer 's Seal on techni-
cal portions of air permit applications consistent
with G.S. 89C, and to exempt diacetone alcohol
from the requirement of 15A NCAC 2D .0518.

Comment Procedures: All persons interested in
these matters are invited to attend the public-
hearings. An\' person desiring to comment for
more than three minutes is_ requested to submit a
written statement for inclusion in the record of
proceedings at the public h earing. The hearing
record will remain open until April 29, 1994, to
receive additional written statements.
Comments should be sent to and additional infor-
mation concerning the hearing or the proposals
may be obtained by contacting:

Mr. Thomas C Allen

Division of Environmental Management

P.O. Box 29535

Raleigh, North Carolina 27626-0535

(919) 733-1489

This Rule (ISA NCAC 2Q .0112) - affects the
expenditure or revenues of local funds. A fiscal
note was submitted to the Fiscal Research Divi-
sion on January 10, 1994, OSBM on January 10,
1994, N.C. League of Municipalities on January
3, 1994, and N. C. Association of County Com-
missioners on January 3, 1994.

CHAPTER 2 - ENVIRONMENTAL
MANAGEMENT

SUBCHAPTER 2D - AIR

POLLUTION CONTROL

REQUIREMENTS

SECTION .0500 - EMISSION
CONTROL STANDARDS

.0518 MISCELLANEOUS VOLATILE

ORGANIC COMPOUND EMISSIONS

(a) This Rule shall be applicable to all sources
of volatile organic compound emissions for which
no other volatile organic compound emission

2317

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PROPOSED RULES

control standards are applicable, including those
standards found in Section .0900 of this Subchap-
ter as well as Rules .0524 and .0525 of this Sec-
tion.

(b) A person shall not place, store or hold in
any stationary tank, reservoir, or other container
with a capacity greater than 50,000 gallons, any
liquid compound containing carbon and hydrogen
or containing carbon and hydrogen in combination
with any other element which has a vapor pressure
of 1.5 pounds per square inch absolute or greater
under actual storage conditions unless such tank,
reservoir, or other container:

(1) is a pressure tank, capable of maintain-
ing working pressures sufficient at all
times to prevent vapor gas loss into the
atmosphere; or

(2) is designed and equipped with one of
the following vapor loss control devic-
es:

(A) a floating pontoon, double deck type
floating roof or internal pan type
floating roof equipped with closure
seals to enclose any space between the
cover's edge and compartment wall;
this control-equipment shall not be
permitted if the compound is a photo-
chemically reactive material having a
vapor pressure of 1 1 .0 pounds per
square inch absolute or greater under
actual storage conditions; all tank
gauging or sampling devices shall be
gas-tight except when tank gauging or
sampling is taking place;

(B) a vapor recovery system or other
equipment or means of air pollution
control as approved by the Director
which reduces the emission of organic
materials into the atmosphere by at
least 90 percent by weight; all tank
gauging or sampling devices shall be
gas-tight except when tank gauging or
sampling is taking place.

(c) A person shall not load in any one day more
than 20,000 gallons of any volatile organic com-
pound into any tank-truck, trailer, or railroad tank
car from any loading facility unless the loading
uses submerged loading through boom loaders
that extend down into the compartment being
loaded or by other methods demonstrated to the
Director to be at least as efficient.

(d) A person shall not discharge from all sources
at any one plant site more than a total of 40
pounds of photochemically reactive solvent into the
atmosphere in any one day, from any article,

machine, equipment or other contrivance used for
employing, applying, evaporating or drying any
photochemically reactive solvent or substance
containing such solvent unless the discharge has
been reduced by at least 85 percent by weight.
Photochemically reactive solvents include any
solvent with an aggregate of more than 20 percent
of its total volume composed of the chemical
compounds classified in this Paragraph, or which
exceed any of the following percentage composi-
tion limitations, referred to the total volume of the
solvent:

(1) a combination of hydrocarbons, alco-
hols, aldehydes, esters, ethers, or
ketones having an olefinic or cyclo-
olefinic type of unsaturation except
pcrchloroethylcne — five percent;

(2) a combination of aromatic hydrocarbons
with eight or more carbon atoms to the
molecule except ethylbenzene--eight
percent;

(3) a combination of ethylbenzene, ketones
having branched hydrocarbon structure,
trichloroethylene, or toluene— 20
percent.

Whenever any photochemically reactive solvent, or
any constituent of any photochemically reactive
solvent may be classified from its chemical
structure into more than one of the groups of
chemical compounds in this Paragraph, it shall be
considered as a member of the most reactive
chemical compound group, that is, that group
having the least allowable percent of the total
volume of solvents. Diacetone alcohol and
pe re hloro ethylene are not considered
photochemically reactive under this Rule.

(e) A source need not comply with Paragraphs
(b), (c), or (d) of this Rule if it complies with
otherwise applicable rules in Section .0900 of this
Subchapter. However, the source shall not comply
with Rules .0902 through .0911, .0950, .0951(a),
and .0952 of this Subchapter. This Paragraph
shall not apply to sources located in an area
identified in Rule .0902(a) of this Subchapter.

(f) Any source to which this Rule applies shall
be exempted from the requirements of Paragraphs
(b), (c), or (d) if control equipment is installed and
operated which meets the requirements of best
available control technology as defined in and
determined by procedures of Rule .0530 of this
Section. A new best available control technology
determination and procedure need not be
performed if in the judgement of the Director a
previous best available control technology
determination is applicable.

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PROPOSED RULES

(g) Sources at a plant site with emission limits
established by Paragraphs (e) or (f) of this Rule
shall be excluded from consideration when
determining the compliance of any remaining
sources with Paragraph (d) of this Rule.

Statutory Authority G. S.
215.107(a)(5).

143-215. 3(a)(1); 143-

SUBCHAPTER 2Q - AIR QUALITY
PERMIT PROCEDURES

SECTION .0100 - GENERAL PROVISIONS

.0112 APPLICATIONS REQUIRING

PROFESSIONAL ENGINEER SEAL

(a) A professional engineer shall be required to
seal technical portions of air permit applications
consistent with the practice of engineering as
defined by G.S. 89C and that directly involve
engineering tasks, including:

(1) the evaluation or design of air pollution
capture and control systems; or

(2) determination and interpretation of
emissions by calculation, such as
thermodynamics, chemical reaction
kinetics, heat balances, material
balances, or published emission factors
where a range of values are given.

(b) A professional engineer is not required to
seal the following:

(1) any source with non-optional air
pollution control equipment that
constitutes an integral part of the
process equipment as originally
designed;

sources that are permitted under Rule
.0310 or .0509 of this Subchapter;
paint spray booths;

particulate emission sources with air
flow rates of less than 10,000 cubic feet
per minute; or

permit renewal if no modifications are
included in the permit renewal
application.

Statutory Authority G.S.
215. 108.

l2j

L4j

15]

143-215. 3(a)(1); 143-

TITLE 16 - DEPARTMENT OF
PUBLIC EDUCATION

Notice is hereby given in accordance with G.S.
150B-21.2 that the State Board of Education

intends to amend rule cited as 16 NCAC 6C . 0402.

1 he proposed effective date of this action is June
1. 1994.

1 he public hearing will be conducted at 9:30
a.m. on April 1 , 1994 at the Education Building,
301 N. Wilmington Street, Room 224, Raleigh, NC
27601-2825.

ixeason for Proposed Action: Amendment is
necessary to implement G.S. 1 15C-336(b).

(comment Procedures: Any interested persons
may submit views and comments in writing before
or at the hearing or orally at the hearing.

CHAPTER 6 - ELEMENTARY
AND SECONDARY EDUCATION

SUBCHAPTER 6C - PERSONNEL

SECTION .0400 - LEAVE

.0402 SICK LEAVE

(a) Public school employees who earn vacation
leave also earn sick leave. Full-time employees
earn one day per month or the number of hours
worked daily by a full-time employee in that class
of work. Part-time employees earn and may use
sick leave in proportion to the part of the day for
which they are employed.

(b) The LEA may allow sick leave to be used
for temporary disability which prevents an employ-
ee from performing his or her usual duties, illness
in the employee's immediate family and attendant
medical appointments which require the
employee's attendance, death in the immediate
family and medical appointments for the employee.
The immediate family includes spouse, children,
parents (including the step relationship) and
dependents living in the household, except that in
the case of death, the term does not include
dependents but does include siblings, grandparents,
grandchildren, and the step, half and in-law
relationships.

(c) Employees must take leave in one-half days.
whole days, or hours as determined for earning
purposes by the local board.

(d) Employees may accumulate sick leave
indefinitely and may transfer sick leave as in the
case of vacation leave.

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(e) LEAs may advance sick leave not to exceed
the amount which would be earned within the
school year.

(f) An employee who is overdrawn on sick leave
when the employee separates from service will
have the excess leave corrected through a
deduction from the final salary check.

(g) If the period of sick leave taken is less than
30 days, the employee will return to his or her
position with the LEA. If the period of temporary
disability exceeds 30 days, the superintendent shall
determine when the employee is to be reinstated.
The superintendent makes this decision based on
the welfare of the students and the need for
continuity of instruction.

(h) The LEA shall credit an employee who
separates from service and returns within 60
months with all sick leave accumulated to the time
of separation.

(i) Permanent full or part-time instructional
personnel, excluding teacher assistants, who are
absent due to their personal illness or injury in
excess of their accumulated sick leave, shall be
allowed extended sick leave of up to 20 work days
throughout the regular term of employment.
These days do not have to be consecutive. A new
employee must have reported to work to be
eligible for extended sick leave. The

superintendent may require a doctor's certificate or
other acceptable proof of the reason for the
absence.

£j} An LEA may establish a voluntary sick leave
bank for its employees. Any employee of an LEA
that establishes a voluntary sick leave bank may,
but is not required to, participate in the voluntary
sick leave bank.

(1) The LEA shall develop and implement
a plan for participation that shall
include those factors listed jn G.S.
115C-336(b)(i)-(vii)and the following:
a uniform number of days to be
the

(B)
ID)

bank by

contributed

participants;

provisions for legitimate usage of

days by participants;

means to protect against overdraft of

total contributed days; and

safeguards to prevent abuses by

participants.
(2) The LEA shall establish a sick leave
bank committee to administer the sick
leave bank.
(A) The LEA shall assure that all local

personnel are equitably represented on

the committee.

(B) The LEA shall develop operational
rules for the efficient and effective
functioning of the bank.

(D) The LEA shall specify the limits of
the committee's authority.

(E) The committee shall notify all
participating employees of the ways m
which their participation will affect
their state retirement account.

(3) The LEA shall ensure that its

operational procedures require:
(A) that payment of substitutes

and

matching social security are charged
to the appropriate program report
code; and
(B) the reporting to the division of school
business services of the Department of
the number of employees participating
itemized by job classification, the
number of sick leave days withdrawn,
the cost of the leave, and other data
required for fiscal and programmatic
accountability.

Statutory Authority G.S. 115C-12(8); 115C-336.

TITLE 21 - OCCUPATIONAL
LICENSING BOARD

iSotice is hereby given in accordance with G.S.
150B-21.2 that the North Carolina Licensing
Board for General Contractors intends to amend
rules cited as 21 NCAC 12 .0202, .0205, .0306
and .0402.

1 he proposed effective date of this action is June
1, 1994.

1 he public hearing will be conducted at 10:00
a.m. on April 13, 1994 at the Office of the North
Carolina Licensing Board for General Contractors,
3739 National Drive, Suite 225, Raleigh, North
Carolina.

MXeason for Proposed Action:

21 NCAC 12 .0202 - to clarify what construction

activities fall within the specific classifications of

general contracting.

21 NCAC 12 .0205 - to set out requirements and

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PROPOSED RULES

responsibilities for the holder of a general
contractor's license in the event the qualifying
individual or individuals cease to be connected
with the licensee.

21 NCAC 12 .0306 - to require that an applicant
who wishes to be admitted to a particular
examination must file a completed application no
later than forty-five (45) days preceding the
scheduled date of the desired examination to be
assured of being admitted to that examination.
21 NCAC 12 .0402 - to add additional areas of
knowledge to be tested on the Board 's examination
and that the Examination Information Procedures
publication describes the suggested examination
resources and reference materials for each
examination.

(comment Procedures: Persons wishing to present
oral data, views or arguments on a proposed rule
or rule change may file a notice with the Board at
least 10 days prior to the public hearing at which
the person wishes to speak. Comments should be
limited to 10 minutes. The Board's address is
P.O. Box 17187, Raleigh, North Carolina 27619.
Written submission of comments or argument will
be accepted at any time up to and until the close of
the public hearing at which time the Board intends
to act on the proposed amendments.

CHAPTER 12 - LICENSING BOARD
OF GENERAL CONTRACTORS

SECTION .0200 - LICENSING
REQUIREMENTS

.0202 CLASSIFICATION

(a) A general contractor may be certified in one
of five classifications. These classifications are:

(1) Building Contractor. This classification
covers commercial, industrial,
institutional, and all types of residential
building construction; covers all site
work, grading and paving of parking
lots, driveways, sidewalks, curbs and
gutters which are ancillary to the
aforementioned types of construction;
and covers the work done under the
specialty classifications of S(Concrete
Construction), S(Insulation), S(Interior
Construction), S(Masonry
Construction), S( Roofing), S(Metal
Erection), and S(Swimming Pools).

(2) Residential Contractor. This
classification covers the construction of

residential units which are required to
conform to the North Carolina Uniform
Re s idential Building Codes; residential
building code adopted by the Building
Code Council pursuant to G.S. 143-
138; covers all site work, driveways
and sidewalks ancillary to the
aforementioned construction; and
covers the work done as part of such
residential units under the specialty
classifications of S(Insulation),
S(Masonry Construction), S(Roofing),
and S(Swimming Pools).

(3) Highway Contractor. This classification
covers grading, paving of all types,
installation of exterior artificial athletic
surfaces, relocation of public and
private utility lines ancillary to the
principal project, bridge construction
and repair, sidewalks, curbs, and
gutters and storm drainage. Includes
installation and erection of guard rails.
fencing, signage and ancillary highway
hardware; covers paving and grading of
airport and airfield runways, taxi ways,
and aprons, including the installation of
signage, runway lighting and marking ;
and covers work done under the
specialty classifications of S(Boring and
Tunneling), S(Concrete Construction),
S(Marine Construction) and S( Railroad
Construction). If the contractor limits
his activity to grading and does no
other work described herein, upon
proper qualification the classification of
H(Grading and Excavating) may be
granted.

(4) Public Utilities Contractor. This
classification includes those whose
operations are the performance of
construction work on the
subclassifications of facilities set forth
in G.S. 87-10(3). The Board may issue
a license to a public utilities contractor
that is limited to any of the
subclassifications set forth in G.S. 87-
10(3) for which the contractor qualifies.
Within appropriate subclassification, a
public utilities contractor license covers
work done under the specialty
classifications of S(Boring and
Tunneling), PU(Communications).
PU(Fuel Distribution), PU(Electrical -
Ahead of Point of Delivery), and
S(Swimming Pools).

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PROPOSED RULES

(5) Specialty Contractor. This classification
shall embrace that type of construction
operation and performance of contract
work outlined as follows:

(A) H(Grading and Excavating). Covers
the digging, moving and placing of
materials forming the surface of the
earth, excluding air and water, in
such a manner that the cut, fill,
excavation, grade, trench, backfill, or
any similar operation can be executed
with the use of hand and power tools
and machines commonly used for
these types of digging, moving and
material placing. Covers work on
earthen dams and the use of
explosives used in connection with
all or any part of the activities
described in this Subparagraph. Also
includes clearing and grubbing, and
erosion control activities.

(B) S(Boring and Tunneling). Covers the
construction of underground or
underwater passageways by digging
or boring through and under the
earth's surface including the bracing
and compacting of such passageways
to make them safe for the purpose
intended. Includes preparation of the
ground surfaces at points of ingress
and egress.

(i) All types of pole lines, and aerial
and underground distribution
cable for telephone systems;

(ii) Aerial and underground
distribution cable for Cable TV
and Master Antenna TV Systems
capable of transmitting R.F.
signals;

(iii) Underground conduit for and
communication cable including
fiber optic cable ; and

(iv) Microwave systems and towers,
including foundations and
excavations where required, when
the microwave systems are

being used for the purpose of
transmitting R.F. signals.

(D) S(Concrete Construction). Covers the
construction and installation of
foundations, pre-cast silos and other
concrete tanks or receptacles, pre-
stressed components, and gunite

applications, but excludes bridges,
streets, sidewalks, curbs, gutters,
driveways, parking lots and highways.

(E) PU(Electrical - Ahead of Point of
Delivery). Covers the construction,
installation, alteration, maintenance or
repair of an electrical wiring system,
including sub-stations or components
thereof, which is or is intended to be
owned, operated and maintained by an
electric power supplier, such as a
public or private utility, a utility
cooperative, or any other properly
franchised electric power supplier, for
the purpose of furnishing electrical
services to one or more customers.

(F) PU(Fuel Distribution). Covers the
construction, installation, alteration,
maintenance or repair of systems for
distribution of petroleum fuels,
petroleum distillates, natural gas,
chemicals and slurries through
pipeline from one station to another.
Includes all excavating, trenching and
backfilling in connection therewith.
Covers the installation, replacement
and removal of above ground and
below ground fuel storage tanks .

(G) PU(Water Lines and Sewer Lines).
Covers construction work on water
and sewer mains, water service lines,
and house and building sewer lines as
defined in the North Carolina State
Building Code, and covers water
storage tanks, lift stations, pumping
stations, and appurtenances to water
storage tanks, lift stations and
pumping stations. Includes pavement
patching, backfill and erosion control
as part of such construction.

(H) PU(Water Purification and Sewage
Disposal). Covers the performance of
construction work on water and
wastewater treatment facilities and
appurtenances to covers all site work,
grading, and paving of parking lots,
driveways, sidewalks, and curbs and
gutters which are ancillary to such
construction of water and wastewater
treatment facilities. Covers the work
done under the

classifications

s pecialty
of S(Concrete
Construction), S( Insulation) ,
Sdnterior Construction), S(Masonry
Construction), S(Roofing), and

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PROPOSED RULES

S(Metal Erection) as part of such

work on water and wastewater

treatment facilities.

(I) S(Insulation). Covers the installation,

alteration or repair of materials

classified as insulating media used for

the non-mechanical control of

temperatures in the construction of

residential and commercial buildings.

Does not include the insulation of

mechanical equipment and ancillary

lines and piping.

(J) S(Interior Construction). Covers the

installation of acoustical ceiling

systems and panels; dry wall partitions

(load bearing and non-load bearing),

lathing and plastering, flooring and

finishing, interior recreational

surfaces, window and door

installation, and installation of

fixtures, cabinets and mill work.

Includes the removal of asbestos and

replacement with non-toxic

substances.

(K) S(Marine Construction). Covers all

marine construction and repair

activities in deep-water installations

and in harbors, inlets, sounds, bays,

and channels; covers dredging,

construction and installation of

pilings, piers, decks , slips,

causeways, docks, and bulkheads.

Does not include structures required

on docks, slips and piers.

(L) S(Masonry Construction). Covers the

installation, with or without the use of

mortar or adhesives, of the following:

(i) Brick, concrete block, gypsum

partition tile, pumice block or

other lightweight and facsimile

units and products common to the

masonry industry;

(ii) Installation of fire clay products

and refractory construction;
(iii) Installation of rough cut and
dressed stone, marble panels and
slate units, and installation of
structural glazed tile or block,
glass brick or block, and solar
screen tile or block.
(M) S(Railroad Construction). Covers the
building, construction and repair of
railroad lines including:
(i) The clearing and filling of rights-
of-way;

(ii) Shaping, compacting, setting and

stabilizing of road beds;

(iii) Setting ties, tie plats, rails, rail

connectors, frogs, switch plates,

switches, signal markers,

retaining walls, dikes, fences and

gates; and

(iv) Construction and repair of tool

sheds and platforms.

(N) S(Roofing). Covers the installation

and repair of roofs and decks on

residential, commercial, industrial,

and institutional structures requiring

materials that form a water-tight and

weather-resistant surface. The term

"materials" shall be defined for

purposes of this Subparagraph to

include, among other things, cedar,

cement, asbestos, clay tile and

composition shingles, all types of

metal coverings, wood shakes, single

ply and built-up roofing, protective

and reflective roof and deck coatings,

sheet metal valleys, flashings, gravel

stops, gutters and downspouts, and

bituminous waterproofing.

(O) S(Metal Erection). Covers:

(i) The field fabrication, erection,

repair and alteration of

architectural and structural

shapes, plates, tubing, pipe and

bars, not limited to steel or

aluminum, that are or may be

used as structural members for

buildings, equipment and

structure; and

(ii) The layout, assembly and erection

by welding, bolting or riveting

such metal products as, but not

limited to, curtain walls, tanks of

all types , hoppers, structural

members for buildings, towers,

stairs, conveyor frames, cranes

and crane runways, canopies,

carports, guard rails, signs, steel

scaffolding as a permanent

structure , rigging, flagpoles,

fences, steel and aluminum sidings

stadium and arena seating,

bleachers, and fire escapes.

(P) S(Swimming Pools). Covers the

construction, service and repair of all

swimming pools. Includes:

(i) Excavation and grading;

(ii) Construction of concrete, gunite.

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PROPOSED RULES

and plastic-type pools, pool decks,

and walkways, and tiling and

coping; and

(iii) Installation of all equipment

including pumps, filters and

chemical feeders. Does not

include direct connections to a

sanitary sewer system or to

portable water lines, nor the

grounding and bonding of any

metal surfaces or the making of

any electrical connections.

(Q) S(Asbestos). This classification covers

renovation or demolition activities

involving the repair, maintenance,

removal, isolation, encapsulation, or

enclosure of Regulated Asbestos

Containing Materials (RACM) for any

commercial, industrial, or institutional

building, whether public or private.

It also covers all types of residential

building construction involving

RACM during renovation and/or

demolition activities.

(b) An applicant may be licensed in more than

one classification of general contracting provided

the applicant meets the qualifications for the

classifications, which includes passing the

examination for the classifications in question.

The license granted to an applicant who meets the

qualifications for all classifications will carry with

it a designation of "unclassified".

Statutory Authority G.S. 87-1; 87-10.

.0205 FILING DEADLINE/ APP

SEEKING QUAL/EMP/ ANOTHER

(a) Any application made pursuant to G.S. 87-10
for a new applicant seeking qualification by
employment of a person who has already passed an
examination shall be completed and filed at least
30 days before any regular or special meeting of
the Board. At such meeting the Board will
consider the application. The regular meetings of
the Board are in January, April, July and October
of each year.

(b) The qualifier for the applicant shall be a
responsible managing employee, officer or member
of the personnel of the applicant, as described in
G.S. 87-10 and Rule .0408(a) of this Chapter. A
person may serve as a qualifier for the person's
own individual license and for only one additional
license. A person may not serve as a qualifier
under this Rule if such person has not served as a
qualifier for a license of the appropriate

classification for more than two years prior to the
filing of the application. Subject to the provisions
of G.S. Chapter 150B and Section .0800 of these
Rules, the Board may reject the application of an
applicant seeking qualification by employment of
a person who has already passed an examination if
such person has previously served as qualifier for
a licensee which has been disciplined by the
Board.

£c} It is the responsibility of the holder of a
general contractor's license to notify the Board
immediately in writing in the event the qualifying
individual or individuals cease to be connected
with the licensee. After such notice is filed with
the Board, the license shall remain in full force
and effect for a period of 30 days thereafter, and
then be cancelled, as provided by G.S. 87-10.
Holders of a general contractor's license are
entitled to reexamination or replacement of the
qualifying individual's credentials in accordance
with G.S. 87-10, but may not engage in the
practice of general contracting for any project
whose cost exceeds the monetary threshold set
forth in G.S. 87-1, until a responsible managing
employee has passed a required examination.

Statutory Authority G.S. 87-1; 87-10.

SECTION .0300 - APPLICATION
PROCEDURE

.0306 FILING DEADLINE

The applicant who wishes to be admitted to a
particular examination must file a completed
application no later than the first day of the month
preceding — the — month 45 days preceding the
scheduled date of the desired examination in order
to be assured of being admitted to that
examination. Examinations are given in March,
June, September and December of each year.

Statutory Authority G.S. 87-1; 87-10.

SECTION .0400 - EXAMINATION

.0402 SUBJECT MATTER

(a) In light of the requirements of G.S. 87-10,
the examinations given by the Board are designed
to ascertain:

(1) the applicant's general knowledge of
the practice of contracting in areas such
as plan and specification reading, cost
estimation, safety requirements,
construction theory and other similar
matters of general contracting

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PROPOSED RULES

knowledge;

(2) the applicant's knowledge of the
practice of contracting within the
classification or classifications of
general contracting as indicated by the
applicant to the Board in his
application;

(3) the applicant's knowledge of the laws
of the State of North Carolina relating
to contractors, construction and liens^
and the aspects and fundamentals of
business management and operations .

(b) The content of the examination will depend
on the classification or classifications of general
contracting for which the applicant seeks licensure,
as indicated by his application. Also, within the
specialty contractor classification, examinations
given by the Board are designed to test the
applicant's knowledge of the particular trade,
category or categories of specialty contracting
indicated in his application. The Examination
Information Procedures publication describes the
suggested examination resources and reference
materials for each examination.

Statutory Authority G.S. 87-1, 87-10.

TITLE 25 - OFFICE OF
STATE PERSONNEL

fSotice is hereby given in accordance with G.S.
150B-21.2 that the Office of State Personnel/State
Personnel Commission intends to amend rule cited
as 25 NCAC 1C .0412; repeal rules cited as 25
NCAC ID .1122 - .1128; and adopt rules cited as
25 NCAC ID .2401 - .2416.

1 he proposed effective date of this action is June
1, 1994.

1 he public hearing will be conducted at 9:00
a.m. on April 6, 1994 at the State Personnel
Development Ctr. , 101 W. Peace Street, Raleigh,
N.C.

Ixeason for Proposed Action:
25 NCAC 1C .0412 - To conform to the Legisla-
tion which defines career status.
25 NCAC ID .1122 - .1128 - No longer apply to
current laws.

25 NCAC ID .2401 - .2416 - To offer guidance to
state agencies and universities in implementing the

new Comprehensive Compensation System which
compensates state employees based on their indi-
vidual performance.

Ksomment Procedures: Interested persons may
present statements either orally or in writing at the
Public Hearing or in writing prior to the hearing
by mail addressed to: Barbara A. Coward, 116
W. Jones Street, Raleigh, N.C. 27603.

CHAPTER 25 - OFFICE OF STATE
PERSONNEL

SUBCHAPTER 1C - PERSONNEL
ADMINISTRATION

SECTION .0400 - APPOINTMENT

.0412 PERSONNEL CHANGES NOT

SUBJECT TO A PROBATIONARY
PERIOD

A probationary period cannot be required to any
of the following changes:

(1) Promotion of a perman e nt an employee
who has a permanent appointment ;

(2) Transfer of a p e rmanent an employee
who has a permanent appointment ;

(3) Demotion of a perman e nt an employee
who has a permanent appointment ;

(4) Reinstatement after leave of absence.

Statutory Authority G. S. 126-4.

SUBCHAPTER ID - COMPENSATION

SECTION .1100 - PERFORMANCE SALARY
INCREASES

.1122 ANNUAL PERFORMANCE PAY
COMPENSATION SURVEY

In accordance with state policy and with th e Stat e
P e rsonn e l Act th e Stat e P e rsonn e l Commi ss ion
shall conduct an annual performanc e pay comp e n
sation surv e y. — Each year the Commission shall
pres e nt th e findings of th e surv e y and its p e rfor
mano e pay r e commendations to th e Appropriations
Committ e es of the Hous e and S e nat e for inclusion
in the stat e budg e t.

Statutory Authority G.S. 126-7.

.1123 ELIGIBLE EMPLOYEES

(a) — Employees having p e rman e nt full time or
part tim e (half tim e or mor e ) appointm e nts whos e

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PROPOSED RULES

salaries do not exceed the maximum of the range
and whose performance exceeds requirements are
eligible for performance increases and/or pcrfor
mancc bonuses.

{b) — Employees having probationary or trainee
appointments arc not eligible for performance
increases. — These employees become eligible for
performance increases after they have:

{-!-) achieved permanent status;

(3} have completed a work cycle; and

{£) have a performance appraisal with a

rating that exceed s requirements.

(c) Employees who arc on leave without pay on
the date performance increases are granted may
receive the performance increase on the date of
reinstatement if the work cycle has been completed
and a performance appraisal completed. — If the
work cycle and/or appraisal is completed after an
employee — returns — from — leave — without pay, — the
performance increase cannot become effective until
the quarterly payment date following the comple
tion of the performance appraisal.

fd} — Employees whose salarie s arc above the
maximum of their salary range arc not eligible for
performance increases or performance bonuses.

ip) — Employees who separate from state service
prior to the effective date increase s arc awarded in
an agency are not eligible for performance incrcas
esr

Statutory Authority G.S. 126-4(2).

.1124 BASIS FOR AWARDING INCREASES

(a) Each department, agency, or institution must
have an operative performance management system
which has been approved by the Office of State
Personnel and which includes a summary pcrfor
manoo appraisal using the North Carolina Pcrfor
mancc Rating Scale. — The complete requirements
for an operative performance management and
appraisal system arc defined in Subchapter lO,
Sections .0100, .0200 and .0300.

(b) — Each employee shall be informed of the
agency's rating scale and the percent ranges set by
the Office of State Personnel for awarding pcrfor
mance increases. — Supervisors shall inform each
employee of the amount of the performance in
crease he will receive. Any employee with a
performance rating that exceeds requirements but
who docs not receive a performance increase shall
be informed in writing of the reasons. — Any cm
ploycc who receives an increase other than the
mid range value assigned to the level of exceeds
which corresponds to their overall rating shall be
provided written justification if it is requested by

the employee. — The supervisor mu s t inform the
employee — in writing of the availability — of the
agency's procedure in which the employee can
seek resolution of any dispute with the overall
summary rating, the failure to receive an increase
and/or the amount of the increase. — (Sec al s o 25
NCAC U .0901 — .0903.)

fe) — Agency heads may e s tablish agency wide
limits on the total number of employees who may

receive increases. However, any overall — limits

may not extend to individual work units s o as to
preclude — consideration of an employee — who s e
performance exceeds expectation s .

Statutory Authority G.S. 126-4(2).

.1125 AMOUNT OF INCREASE

{a) — Each year the Office of State Personnel shall
set the performance percent increase ranges (mini
mum, mid range and maximum) allowable for each
l e vel — of performance — that — exceed — performance
requirements. — The performance increa s e ranges
will be determined, in part, by the percent of total
pay roll appropriated for performance and general
increases and, in part, on labor market practices
and the condition of the state's pay structure.

fb) — An employee shall receive a performance
appraisal review at least once during every 12
month work period. — Performance increase s s hall
be distributed fairly within work units and across
agencies and shall be rewarded only for pcrfor
mancc that exceeds performance requirements. An
employee who s e performance exceeds expectations
s hall — receive — a — percent — increase — equal — to the
mid range value of the rating level, unless the
supervisor can justify the decision not to award a
performance increa s e or can justify an increa s e
above — or — below — the — mid range — value — of the

applicable range. Ah — employee whose

performance — docs — net — exceed — performance
requirements — sbaH — net — receive — a — performance
increase. — A s upervisor's p e rformance rating of

individual employees and recommended

performance increase amounts, with justification,
shall — be — reviewed — and — approved — by — that
s upervisor' s next higher level supervisor.

(e) — The overall rating is the primary basis for
determining whether an employee s hould receive

a performance salary — increase. Examples — ef

acceptable — ju s tification — for — net — awarding — an
increase or for awarding a percent increase (higher
or lower) other than the mid range of the percent
range — associated — with — the — level — ef — exceeding
performance arc:

{+) a-n employee' s valu e te tbe

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NORTH CAROLINA REGISTER

March 1, 1994

2326

PROPOSED RULES

organization;

{3} an employee's placement in the salary

range versus that for other employees
in the unit with s imilar performance;

f^) the length of time since an employee

test received a salary increase

(promotion, — reallocation, — and — range
revision) — and — the — amount — of- — the
increase;

{4) — ■ — the total performance budget available
-the work un+t versus — the

te
fef-

performancc ratings and salaries of the
employees in the work unit;

{§} an — employee's performance aed

disciplinary or work conduct history.
i4j — The State Personnel Director may suspend
any performance increase that docs not appear to
meet — the — intent — of- — the — provi s ion s — of- — the
performance — pay — system — aed — require — the
originating department, agency, or institution to
reconsider or justify the increase.

{e) — Employees whose salaries are below the
maximum — ef- — the — salary — range — may — receive
performance increases within the limits described
in this Rule, but not to exceed the maximum of th e
s alary rang e . — Such awards become a part of base
pay of the employee. — Employees who receive a

in the amount that it took to go to the maximum of
the range and th e amount that would have been
awarded, based on the performance rating, in the
form of a performance bonus.

i4) Employee s — who s e — salaries — afe — at — the

maximum may receive performance increase s in
the form of a performance bonus. — Performance
bonuses, or a combination of performance increa s e
and performance bonus, shall be within the limits
de s cribed in thi s Rule. — Performance bonus shall
be one time, lump sum award. — Such awards do
not increase the base pay of the employee and do
not continue the following year.

Statutory Authority G.S. 126-7.

employee's overall performance rating for the most
recent performance appraisal review cycle. — An
employee shall receive a performance appraisal
review at least once during every fiscal year. — Aft
employee may receive more than one performance
increase — during — a — fiscal — year, — btrt — the — tetai
performance increase for a fiscal year shall not
exceed the maximum percent set by the Office of
State Personnel.

Statutory Authority G.S. 126-7.

.1127

LIMITATION ON FUNDS FOR
PERFORMANCE INCREASE

available

partial performance increase talcing them to the

maximum of the range may receive the difference When pcrfi

in the amount that it took to

(a) — The total annual amount of money
for performance salary increases for employees
will be computed based on permanent SPA salaries
as of June 30.

(b) Each agency shall request a transfer of funds
in accordance — with — instructions — issued — by the
Office of State Budget and Management to cover
aH — performance s alary — increa s e s — in an amount
equal to the total fund s allocated.

Statutory Authority G.S. 126-7.

,1128 SALARY INCREASE FUNDS

BECOME PART OF BASE SALARY

brmance increase funds are granted to
an eligible employee whose salary is below the
maximum of the range, such fund s immediately
become a part of the employee' s ba s e s alary.
When performance increase funds are granted to
an — eligible — employee whose — s alary — is — at — the
maximum, it is a on e time payment. — Therefore,
when an increase is granted, it loses its identity.
Ne — performance — increase — reserve — eafi — be
established by turnover once the increase has been
granted.

Statutory Authority G.S. 126-4(2).

SECTION .2400 - COMPREHENSIVE
COMPENSATION SYSTEM

.1126 PERFORMANCE SALARY INCREASE
EFFECTIVE DATES

Performance

-the

jc increases shall be granted on
fir s t day of the pay period neare s t to the first day
of Augu s t or any month following during the fi s cal
year. — Increase s s hall be paid on a current basis in
the month in which they arc effective and s hall not
be retroactive. — This includes initial increase s , as

-tfte

well as partial increases granted later in the year.
The performance increase shall be based on the

.2401 PURPOSE

(a) The State shall compensate its employees at
a level sufficient to encourage excellence of
performance and to maintain the labor market
competitiveness necessary to recruit and retain a
competent work force. To this end, salary
increases to State employees shall be implemented
through the Comprehensive Compensation System
based upon the individual performance of each
State employee.

2327

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NORTH CAROLINA REGISTER

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PROPOSED RULES

(b) To guide the Governor and the General
Assembly in making appropriations to fund the
Comprehensive Compensation System , the State
Personnel Commission shall conduct annual
compensation surveys. The Commission shall
present the results of the compensation survey to
the General Assembly each year.

(c) The types of increases to be appropriated
annually through the Comprehensive Compensation
System, subject to the availability of funds, are the
Career Growth Recognition Award, the
Cost-of-Living Adjustment, and the Performance
Bonus.

Statutory Authority G.S. 126-7.

.2402 CAREER GROWTH RECOGNITION
AWARD

Career Growth Recognition Award is an annual
salary increase awarded to an employee whose
final overall summary rating is at or above the
Good level of the rating scale and who does not
have an unresolved final written warning that
involves personal conduct. This is the primary
method by which an employee progresses through
the salary range. In the event that an employee
does not receive a cost-of-living increase, the
salary may fall below the minimum of the salary
range. This factor alone shall not be justification
for any type of salary adjustment.

Statutory Authority G.S. 126-7.

,2403 AMOUNT OF CAREER GROWTH
RECOGNITION AWARD

The amount of increase shall be determined by
the General Assembly each year. The increase
shall be added to the employee's salary within the
assigned pay grade but shall not exceed the
maximum of the salary range. A partial increase
may be given to the maximum.

Statutory Authority G.S. 126-7.

awarded . For an employee who otherwise
qualifies for a career growth recognition award, a
final written warning is the only justification for
not granting this increase.

£b) An employee who has been denied the career
growth recognition award because of an
unresolved final written warning shall receive the
award on a current basis at the time that final
written warning is resolved. (See 25 NCAC ID
.2414 of this Section) For purpose of calculating
the career growth recognition award, only the most
recently awarded increase shall be utilized.

(c) An employee having a probationary or
trainee appointment is not eligible for a career
growth recognition award . These employees
become eligible after they have:

(1) achieved a permanent appointment,

(2) have completed a work cycle, and

(3) have a summary rating that is at or
above the Good level.

(d) An employee who is on leave without pay on
the date career growth recognition awards are
granted shall receive the increase on the date of
reinstatement if the work cycle has been completed
and a summary rating given. If the work cycle
and summary rating have not been completed, the
employee shall receive the career growth
recognition award at the time when both are
completed.

(e) An employee who separates from State
service prior to the effective date career growth
increases are awarded is not eligible for the
increase.

Statutory Authority G.S. 126-7.

.2405 EFFECTIVE DATE OF CAREER

GROWTH RECOGNITION AWARD

Career growth recognition awards shall be
granted on the first day of July unless otherwise
specified by the General Assembly or because it is
delayed due to an unresolved final written
warning.

.2404 EMPLOYEES ELIGIBLE FOR

CAREER GROWTH RECOGNITION
AWARD

(a) An employee having a permanent full-time
or part-time (half-time or more) appointment
whose salary does not exceed the maximum of the
range and whose performance is rated at or above
the Good level shall receive a career growth
recognition award unless the employee has an
unresolved final written warning that involves
personal conduct on the date the increases are

Statutory Authority G.S. 126-7.

.2406 COST-OF-LIVING ADJUSTMENT

Cost-of-Living Adjustment is a general salary
increase in response to inflation and labor market
factors awarded to an employee whose final
overall summary rating is at or above the Below
Good level of the rating scale, and who does not
have an unresolved final written warning.

Statutory Authority G.S. 126-7.

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NORTH CAROLINA REGISTER

March 1, 1994

2328

PROPOSED RULES

.2407 AMOUNT OF COST-OF-LIVING
ADJUSTMENT

The amount of the increase, jf any, shall be
established by the General Assembly each year.
The salary ranges shall be increased by the amount
of the increase and individual increases will not
change the relative position of the employee's
salary within the salary range.

Statutory Authority G.S. 126-7.

.2408 EMPLOYEES ELIGIBLE FOR

COST-OF-LIVING ADJUSTMENT

(a) An employee having a permanent,
probationary, or trainee full-time or part-time
(half-time or more) appointment whose
performance is rated at or above the Below Good
level, except employees who have an unresolved
final written warning involving personal conduct
on the date that increases are given. This applies
to all employees regardless of where their salary js
in the salary range, including those above the
maximum.

(b) For the purpose of granting the cost-of-living
adjustment to employees who have not completed
a full performance management cycle and received
a summary rating, the following shall apply:

(1) Prior to July J^ each employee's

ill

performance shall be reviewed and
determined if it is unsatisfactory or
above.

If the review indicates unsatisfactory
performance, the employee shall not
receive the cost-of-living adjustment
until the performance level js above the
unsatisfactory level. The actual results
of the review shall be documented with
the employee.

(3) If the review indicates that the
performance is above unsatisfactory,
the employee shall be granted the
cost-of-living adjustment.

(4) If the supervisor feels that the employee
has not worked long enough for a
determination of performance level to
be made, a review shall be made each
month for the purpose of determining
whether the performance js above
unsatisfactory and the cost-of-living
adjustment should be granted.

(5) If the cost-of-living adjustment has not
been granted during the probationary
period, it shall be granted at the time
the employee js given a permanent
appointment since the employee's per-

formance must be satisfactory to move
from a probationary to a permanent
appointment.

(c) An employee who has been denied the
cost-of-living adjustment because of an unresolved
final written warning involving personal conduct
shall receive the adjustment on a current basis
when that final written warning is resolved. (See
25 NCAC ID .2414 of this Section)

(d) An employee who is on leave without pay on
the date a cost-of-living adjustment is granted shall
receive the increase on the date of reinstatement if
the work cycle has been completed and a summary
rating given. If the work cycle and the rating have
not been completed, the increase shall be given at
the time when both have been completed.

Statutory Authority G.S. 126-7.

.2409 EFFECTIVE DATE OF COST-
OF-LIVING ADJUSTMENT

Cost-of-living adjustments shall be awarded on
the first day of July unless otherwise specified by
the General Assembly or because it has been
delayed due to an unresolved final written warn-
ing.

Statutory Authority G.S. 126-7.

.2410 PERFORMANCE BONUS

Performance Bonus is a salary increase awarded
in a lump sum to an employee whose final overall
summary rating is at or above the Very Good level
of the rating scale and who does not have an
unresolved final written warning.

Statutory- Authority G.S. 126-7.

.2411 AMOUNT OF PERFORMANCE
BONUS

(a) The total amount of performance bonus. If
any, shall be established by the General Assembly
each year. The amount of increase for each level
shall be established by the Office of State Person-
nel. Each employee shall be informed of the
amount of increase established.

(b) No employee shall be eligible to receive,
during a 12-month period, a performance bonus
greater than the maximum amount or less than the
minimum amount established by the Office of State
Personnel. An employee may receive more than

one performance bonus during a fiscal year, but
the total shall not exceed the maximum percent set
by the Office of State Personnel,
(c) The performance bonus js a lump sum

2329

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NORTH CAROLINA REGISTER

March 1, 1994

PROPOSED RULES

payment and does not become a part of base pay.
Statutory Authority G. S. 126-7.

.2412 EMPLOYEES ELIGIBLE FOR PERFORMANCE BONUS

(a) An employee having a permanent full-time or part-time (half-time or more) appointment whose
performance is rated at or above the Very Good level shall be eligible to receive a performance bonus unless
the employee has an unresolved final written warning that involves personal conduct on the date bonuses
are awarded.

(b) An employee who has been denied a performance bonus because of an unresolved final written
warning involving personal conduct shall not be eligible for a performance bonus during the current cycle.
The employee will be eligible for a bonus in the next cycle based on the performance evaluation rating.

(c) An employee having a probationary or trainee appointment is not eligible for a performance bonus.
These employees become eligible after they have:

(1) achieved a permanent appointment,

(2) have completed a work cycle, and

(3) have a summary rating at or above the Very Good level .

(d) An employee who is on leave without pay on the date performance bonuses are granted shall receive
the bonus effective on the date of reinstatement if the work cycle has been completed and a summary rating
given. If the work cycle and/or summary rating have not been completed, the employee shall receive the
bonus at the time when both have been completed.

(e) An employee whose salary js at the maximum of the salary range is eligible for a performance bonus.

(f) An employee whose salary js above the maximum of the salary range js eligible for a performance
bonus only to the extent that the base salary paid the employee plus the performance bonus allocated
according to the employee's performance rating does not exceed the maximum salary paid on the adopted
pay schedule for the applicable pay grade plus the allocated performance bonus calculated on the maximum
salary on the pay schedule. This performance bonus shall be calculated as follows:

Line

Item

Calculation

Maximum of salary range

% bonus due according to performance rating

Dollar amount of performance bonus [Line 1 x Line 21

Maximum annual salary allowed ILine 1 + Line 31

Salary of employee paid above maximum of range

Maximum performance bonus for employee paid above the range
[Line 4 - Line 51

If Line 5 is greater than Line 4, the employee cannot receive a bonus.

(s) An employee who separates from State service prior to the effective date performance bonuses are
awarded js not eligible to receive the increase.

Statutory Authority G.S. 126-7.

.2413 EFFECTIVE DATE OF

PERFORMANCE BONUS

Performance bonuses shall be granted on the first
day of the pay period nearest to the first day of
August or any month following during the fiscal
year.

Statutory Authority G.S. 126-7.

.2414 BASES FOR AWARDING INCREASES

(a) Each agency shall have an operative Perfor-
mance Management System which has been ap-
proved by the Office of State Personnel using the

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NORTH CAROLINA REGISTER

March 1, 1994

2330

PROPOSED RULES

North Carolina Performance Rating Scale. The
complete requirements for an operative perfor-
mance management and appraisal system are
defined in 25 NCAC IP - Performance Manage-
ment System .

(b) Salary increases shall be based on annual
performance appraisals of all employees conducted
by each agency. Eligibility for increases will be
based on the most recent performance appraisal
rating received during the previous 12-month
period.

(c) The performance appraisal system of each
agency shall ensure that salary increases are
distributed fairly, consistent with internal equity
and with the Performance Management System .
The State Personnel Director shall rescind any
career growth recognition award or performance
bonus that does not meet the intent of the provi-
sions of the performance appraisal system and
require the originating agency to reconsider or
justify the increase. An increase or bonus does
not meet the intent of the provisions of the perfor-
mance appraisal system in the event that increases
or bonuses are distributed:

m
ill

ill

in an arbitrary or capricious manner;
in a manner that violates laws prohibit-
ing discrimination; or
to managers or supervisors whose

failure to comply with the performance
appraisal system resulted in the loss of
an increase or a bonus by employees
under their supervision,
(d) No agency shall set limits so as to preclude
an eligible employee from receiving a career
growth recognition award, cost-of-living adjust-
ment, or performance bonus; or to initiate written
disciplinary procedures for the purpose of preclud-
ing an eligible employee from receiving a
cost-of-living adjustment.

Statutory Authority G.S. 126-7.

.2415 FINAL WRITTEN WARNING

£a) For purpose of this Section only, a final
written warning is deemed to be resolved in the
event :

(1) that the personal conduct issue is
resolved and the warning is removed
from the employee's personnel file, or

(2) that the personnel file of the employee
contains a written statement from an
authorized manager or supervisor
indicating that, after review of the
personal conduct issue, circumstances
warrant the granting of the career

growth award, or
(3) that the final written warning is not
resolved in a manner set forth in Sub-
paragraph (a)(1) or (a)(2) of this Rule,
and:

(A) more than 18 months have passed
since the date of the final written
warning or a letter extending the
effect of the warning, and

(B) the agency has not tendered notice to
the employee of the extension of the
final written warning for the purpose
of this Section. (The notice of exten-
sion may be tendered at any time
prior to 1_8 months from the date of
the final written warning or prior to
the expiration of 18 months from the
date of the prior extension.)

(b] In the event that neither Subparagraph (a)( 1 ).
(a)(2), nor (a)(3) of this Rule are applicable to the
final written warning, then the final written warn-
ing shall be deemed an active final written warning
or an unresolved final written warning.

(c) This Rule and the granting of increases have
no effect on the use of the final written warning
for any other purpose.

Statutory Authority G.S. 126-7.

.2416 PAY DISPUTE RESOLUTION
PROCEDURE

(a) Each agency shall have a procedure for
reviewing and resolving disputes of employees
concerning performance ratings and/or perfor-
mance pay decisions. Such a procedure may be
incorporated as part of an existing grievance
procedure, or it may be separately administered.
For requirements and guidelines on such proce-
dures, sec 25 NCAC JJ .0900 .- Internal Perfor-
mance Pay Dispute Procedures.

(b) The supervisor shall inform the employee in
writing of the availability of a procedure jn which
to seek resolution of any dispute with the overall
summary rating, the failure to receive an increase
and/or the amount of the increase.

Statutory Authority G.S. 126-7.

2331

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NORTH CAROLINA REGISTER

March 1, 1994

RRC OBJECTIONS

J he Rules Re\'iew Commission (RRC) objected to the following rules in accordance with G.S.
143B-30.2(c). State agencies are required to respond to RRC as provided in G.S. 143B-30.2(d).

ADMINISTRATIVE HEARINGS

Hearings Division

26 NCAC 3 .0207 - Compensation of the Mediator
Agency Re\'ised Rule

AGRICULTURE

Aquaculture

2 NCAC 53 .0001 - Aquaculture Licenses
Agency Withdrew Rule

COMMERCE

RRC Objection
Obj. Removed

RRC Objection

01/20/94
01/20/94

12/16/93
01/20/94

Banking Commission

4 NCAC 3F .0202 - Permissible Investments
Agency Responded

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

Coastal Management

15A NCAC 7H .2002 - Approval Procedures

Agency Responded

No Action

Agency Revised Rule
15 A NCAC 7H .2004 - General Conditions

Agency Responded

No Action

Agency Revised Rule

Environmental Management

RRC Objection
Obj. Cont'd

12/16/93
01/20/94

RRC

Objection

09/17/93

Obj.

Cont 'd

10/21/93

Obj.

Cont 'd

11/18/93

Obj.

Removed

12/16/93

RRC

Objection

09/17/93

Obj.

Cont 'd

10/21/93

Obj.

Cont'd

11/18/93

Obj.

Removed

12/16/93

15A NCAC 2D .0101

Rule Returned to
15ANCAC2D .0501

Rule Returned to
15ANCAC2D .0503

Rule Returned to
15A NCAC 2D .0524

Rule Returned to
15ANCAC2D .0525

Rule Returned to

- Definitions

Agency for Failure to Comply with APA G.S. 150B-21.4(b)

- Compliance with Emission Control Standards

Agency for Failure to Comply with APA G.S. 150B-21.4(b)

- Particulates from Fuel Burning Indirect Heat Exchangers
Agency for Failure to Comply with APA G.S. 150B-21.4(b)

- New Source Performance Standards

Agency for Failure to Comply with APA G.S. 150B-21.4(b)

- National Emission Standards for Hazardous Air Pollutants
Agency for Failure to Comply with APA G.S. 150B-21.4(b)

01/20/94
01/20/94
01/20/94
01/20/94
01/20/94

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2332

RRC OBJECTIONS

15 A NCAC 2D .0530 - Prewntion of Significant Deterioration

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2D .0531 - Sources in Nonattainment Areas

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2D .0532 - Sources Contributing to an Ambient Violation

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2D .0533 - Stack Height

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2D .0601 - Purpose and Scope

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2D .0801 - Purpose and Scope

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2D .0802 - Definitions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2D .0803 - Highway Projects

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2D .0804 - Airport Facilities

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2D .0805 - Parking Facilities

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2D .0806 - Ambient Monitoring and Modeling Analysis

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2D .1109 - Case-By-Case Maximum Achievable Control Technology

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2H . 0601 - Purpose and Scope

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2H .0602 - Definitions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2H .0603 - Applications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2H .0604 - Final Action on Permit Applications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2H .0605 - Issuance: Revocation: and Enforcement of Permits

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2H .0606 - Delegation of Authority

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2H .0607 - Copies of Referenced Documents

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2H .0609 - Permit Fees

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0101 - Required Air Quality Permits

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0102 - Activities Exempted from Permit Requirements

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0103 - Definitions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0104 - Where to Obtain and File Permit Applications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0105 - Copies of Referenced Documents

Rule Returned to Agency for Failure to Comply with APA G.S. 1 50B-2 1.4(b)
15A NCAC 2Q .0106 - Incorporation by Reference

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0107 - Confidential Information

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0108 - Delegation of Authority

01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94

2333

8:23

NORTH CAROLINA REGISTER

March 1, 1994

RRC OBJECTIONS

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0109 - Compliance Schedule for Previously Exempted Activities

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0110 - Retention of Permit at Permitted Facility

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0111 - Applicability Determinations

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0201 - Applicability

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0202 - Definitions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0203 - Permit and Application Fees

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0204 - Inflation Adjustment

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0205 - Other Adjustments

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0206 - Payment of Fees

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0207 - Annual Emissions Reporting

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0301 - Applicability

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0302 - Activities Exempted from Permit Requirements

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0303 - Definitions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0304 - Applications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0305 - Application Submittal Content

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
ISA NCAC 2Q .0306 - Permits Requiring Public Participation

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0307 - Public Participation Procedures

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0308 - Final Action on Permit Applications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0309 - Termination, Modification and Revocation of Permits

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0310 - Permitting of Numerous Similar Facilities

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .031 1 - Permitting of Facilities at Multiple Temporary Sites

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0401 - Applicability

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0402 - Definitions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0403 - New Units Exemption

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0404 - Retired Units Exemption

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0405 - Requirement to Apply

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0406 - Requirements for Permit Applications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2334

RRC OBJECTIONS

15 A NCAC 2Q .0407 - Permit Application Shield and Binding Effect of Permit Application

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94
15 A NCAC 2Q .0408 - Compliance Plans

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15 A NCAC 2Q . 0409 - Phase II Repowering Extensions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94
15 A NCAC 2Q .0410 - Permit Contents

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94
15A NCAC 2Q .0411 - Standard Requirements

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15 A NCAC 2Q .0412 - Permit Shield

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15A NCAC 2Q .0413 - Permit Revisions Generally

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15A NCAC 2Q .0414 - Permit Modifications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94
15A NCAC 2Q .0415 - Fast-Track Modifications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15A NCAC 2Q .0416 - Administrative Permit Amendment

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15 A NCAC 2Q .0417 - Automatic Permit Amendment

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15 A NCAC 2Q .0418- Permit Reopenings

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94

15 A NCAC 2Q .0501 - Purpose of Section and Requirement for a Permit

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15 A NCAC 2Q . 0502 - Applicability

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15A NCAC 2Q .0503 - Definitions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15 A NCAC 2Q .0504 - Option for Obtaining Construction and Operation Permit

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
ISA NCAC 2Q .0505 - Application Submittal Content

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94
ISA NCAC 2Q .0506 - Initial Permit Application Submittal

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15 A NCAC 2Q .0507 - Application

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15A NCAC 2Q .0508 - Permit Content

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15 A NCAC 2Q .0509 - Permitting of Numerous Similar Facilities

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
ISA NCAC 2Q .0510 - Permitting of Facilities at Multiple Temporary Sites

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15A NCAC 2Q .0511 - Synthetic Facilities

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b) 01/20/94
15A NCAC 2Q .0512 - Permit Shield and Application Shield

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15A NCAC 2Q . 0513 - Permit Renewal and Expiration

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15A NCAC 2Q .0514 - Administrative Permit Amendments

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15 A NCAC 2Q .0515 - Minor Permit Modifications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b) 01/20/94
15A NCAC 2Q .0516 - Significant Permit Modification

2335

8:23

NORTH CAROLINA REGISTER

March 1, 1994

RRC OBJECTIONS

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0517 - Reopening for Cause

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0518 - Final Action

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0519 - Termination, Modification, Revocation of Permits

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0520 - Certification by Responsible Official

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0521 - Public Participation

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0522 - Review by EPA and Affected States

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0523 - Changes Not Requiring Permit Revisions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0524 - Ownership Change

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q .0601 - Purpose of Section and Requirement for a Permit

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
ISA NCAC 2Q .0602 - Definitions

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15 A NCAC 2Q .0603 - Applications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-2 1.4(b)
15A NCAC 2Q .0604 - Public Participation

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15 A NCAC 2Q . 0605 - Final Action on Permit Applications

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)
15A NCAC 2Q .0606 - Termination, Modification and Revocation of Permits

Rule Returned to Agency for Failure to Comply with APA G.S. 150B-21.4(b)

01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94
01/20/94

Health: Epidemiology

15 A NCAC 19A .0206 - Infection Control - Health Care Settings

Agency Revised Rule
15A NCAC 19C .0703 - Method of Reporting

Agency Revised Rule
15A NCAC 19H .0702 - Research Requests

Agency Revised Rule

RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed

12/16/93
12/16/93
12/16/93
12/16/93
01/20/94
01/20/94

Health: Personal Health

15 A NCAC 21 A .0817 - Grant Proposals
Agency Revised Rule

RRC Objection 12/16/93
Obj. Removed 12/16/93

Laboratory Services

15 A NCAC 20A .0006 - Fees
Agency Revised Rule

RRC Objection 12/16/93
Obj. Removed 12/16/93

Mining: Mineral Resources

15 A NCAC 5B .0003 - Procedures for Obtaining Permits: Bonding Reqs.
Agency Revised Rule

RRC Objection 12/16/93
Obj. Removed 12/16/93

Soil and Water Conservation Commission

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2336

RRC OBJECTIONS

15 A NCAC 6F .0004 - Approved Best Management Practices (BMPs)
15 A NCAC 6F .0005 - Technical Specialist Designation Procedure

Solid Waste Management

15 A NCAC 13B .1705 - Design, Constr. /Operation/Structural Fill Facilities

Agency Revised Rule
15 A NCAC 13B .1708 - Other Uses for Coal Combustion By-products

Agency Re\ised Rule
15A NCAC 13B .1710 - Annual Reporting

Agency Revised Rule

HUMAN RESOURCES

RRC Objection

01/20/94

RRC Objection

01/20/94

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

Aging

10 NCAC 22T .0101 - Scope of Health Screening Services
10 NCAC 22T .0201 - Provision of Health Screening Services
10 NCAC 22U .0101 - Scope of Senior Companion

RRC Objection 01/20/94
RRC Objection 01/20/94
RRC Objection 01/20/94

Day Care Rule

10 NCAC 46H .0104 - Target Populations
Agency Revised Rule

RRC Objection
Obj. Removed

01/20/94
01/20/94

Facility Services

10 NCAC 3R .1617 - Required Staffing and Staff Training

Agency Revised Rule
10 NCAC 3R .21 14 - Information Required of Applicant

Agency Revised Rule
10 NCAC 3R .3405 - Required Staffing and Staff Training

Agency Revised Rule
10 NCAC 3R .3505 - Required Staffing and Staff Training

Agency Revised Rule
10 NCAC 3R .3906 - Required Staffing and Staff Training

Agency Revised Rule

RRC Objection

01/20/94

Obj. Removed

01/20/94

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

Individual and Family Support

10 NCAC 42A .0605 - Locating a Bed and Securing Placement
Agency Revised Rule

RRC Objection
Obj. Removed

01/20/94
01/20/94

Mental Health: General

10 NCAC 14J .0206 - Procedures: Seclusion,
Agency Revised Rule

Restraints, or Isolation Time Out

RRC Objection
Obj. Removed

12/16/93
12/16/93

INSURANCE

Financial Evaluation Division

11 NCAC 11B .0611 - Deposits: Bonds: Excess Insurance - Groups

Agency Revised Rule
11 NCAC 11H .0011 - Insolvency 1 or Hazardous Financial Condition

RRC Objection 12/16/93
Obj. Removed 12/16/93
RRC Objection 11/18/93

2337

8:23

NORTH CAROLINA REGISTER

March 1, 1994

RRC OBJECTIONS

Agency Revised Rule
Agency Revised Rule

JUSTICE

Departmental Rules

12 NCAC 1 .0106- ADA Dispute Resolution Procedure
Agency Revised Rule

Private Protective Services

12 NCAC 7D .0108 - Law Enforcement Officers Special Provisions

No Response from Agency

Agency Withdrew Rule
12 NCAC 7D .0203 - Renewal or Re-issue of Licenses and Trainee Permits

Agency Revised Rule
12 NCAC 7D .0401 - Experience Reqs. a Private Investigator License

Agency Revised Rule

LICENSING BOARDS AND COMMISSIONS
Dental Examiners

21 NCAC 16D .0102 - Restrictions on Practice

Agency Revised Rule
21 NCAC 16H .0203 - Permitted Functions of Dental Assistant 11

Agency Revised Rule
21 NCAC 16Q .0301 - Sedation Credentials and Permit

Agency Revised Rule

Landscape Architects

21 NCAC 26 .0209 - Unprofessional Conduct
21 NCAC 26 .0210 - Dishonest Practice
21 NCAC 26 .0211 - Incompetence

Opticians

21 NCAC 40 .0202 - Registration of Place of Business

Agency Revised Rule
21 NCAC 40 .0314 - Apprenticeship and Internship Requirements: Registration

Agency Revised Rule

Refrigeration Examiners

21 NCAC 60 .0210 - Special Examination
Agency Revised Rule

Therapeutic Recreation

21 NCAC 65 .0005 (Recodified as 21 NCAC 65 .0002)- Meetings

Agency Revised Rule
21 NCAC 65 .0008 (Recodified as 21 NCAC 65 .0004) - Academic -TRS Exam.

Agency Revised Rule

Obj. Contd
Obj. Removed

11/18/93
12/16/93

RRC Objection
Obj. Removed

12/16/93
12/16/93

RRC Objection

11/18/93

Obj. Contd

12/16/93

01/20/94

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection
Obj. Removed
RRC Objection
Obj. Removed
RRC Objection
Obj. Removed

12/16/93
12/16/93
12/16/93
12/16/93
12/16/93
12/16/93

RRC Objection 01/20/94
RRC Objection 01/20/94
RRC Objection 01/20/94

RRC Objection 12/16/93

Obj. Removed 12/16/93

RRC Objection 12/16/93

Obj. Removed 12/16/93

RRC Objection
Obj. Removed

01/20/94
01/20/94

RRC Objection 12/16/93

Obj. Removed 12/16/93

RRC Objection 12/16/93

Obj. Removed 01/20/94

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2338

RRC OBJECTIONS

21 NCAC 65 .0011 (Recodified as 21 NCAC 65 .0007) - Cert. Ren. Eff. 7/1/95 RRC Objection 12/16/93

Agency Revised Rule
21 NCAC 65 .0013 (Recodified as 21 NCAC 65 .0008)
Agency Revised Rule

TRANSPORTATION

Revocation

Obj. Removed 12/16/93
RRC Objection 12/16/93
Obj. Removed 12/16/93

Division of Highways

19A NCAC 2C .0102 - Minimum Standards for Secondary Roads

Agency Revised Rule
19A NCAC 2C .0103 - Addition of Roads to the Secondary Road System

Agency Rexised Rule
19 A NCAC 2C .0204 - Utility Requirements for Subdivision Roads

Agency Revised Rule
19A NCAC 2C .0206 - Bridge and Dam Requirements for Subdivision Roads

Agency Repealed Rule
19A NCAC 2C .0211 - Street Intersections for Subdivision Streets

Agency Repealed Rule
19A NCAC 2C .0213 - Subdivision Name Markers

Agency Revised Rule

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

Division of Motor Vehicles

19 A NCAC 3B .0620 - Grounds for Revocation or Denial of Certification

Agency Revised Rule
19A NCAC 3B .0621 - Denial/Revocation: Company Examiner: Instructor Cert.

Agency Rexised Rule
19A NCAC 3C .0223 - Registration: Motor Homes: Etc.

Rule Returned to Agency for Failure to Comply with APA
19A NCAC 3C . 0436 - Highway Use Tax

Agency Revised Rule
19A NCAC 3D .0231 - Hearings Pursuant to Articles 12 & 15 of Chapter 20

Agency Revised Rule
19A NCAC 3D .0515 - Safety Inspection Licensing and Procedures
19A NCAC 3D .0602 - Collection of Assessments

Agency Revised Rule
19A NCAC 3D .0702 - Information for Manufacturer

Agency Repealed Rule
19A NCAC 3D .0823 - Vehicle Registration and Identification Required

Agency Revised Rule
19 A NCAC 3D .0825 - Reproduction of Forms

Agency Revised Rule
19 A NCAC 3G .0205 - Issuing of Original Certificate

Agency Revised Rule
19A NCAC 31 .0505 - Confidentiality

Agency Revised Rule
19A NCAC 3J .0202 - Original Application

Agency Revised Rule
19 A NCAC 3 J .0604 - Contract Provisions

Agency Revised Rule

RRC Objection

11/18/93

Obj. Removed

12/16/93

RRC Objection

11/18/93

Obj. Removed

12/16/93

11/18/93

RRC Objection

11/18/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

11/18/93

Obj. Removed

12/16/93

RRC Objection

11/18/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

RRC Objection

12/16/93

Obj. Removed

12/16/93

2339

8:23

NORTH CAROLINA REGISTER

March 1, 1994

RULES INVALIDATED BY JUDICIAL DECISION

1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court,
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which
invalidate a rule in the North Carolina Administrative Code.

10 NCAC 261 .0101 - PURPOSE: SCOPE AND NOTICE OF CHANGE IN LEVEL OF CARE

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 261 .0101 void as applied in Dorothy McNeil Moore v. N. C. Department of Human Resources, Division
of Medical Assistance (93 DHR 1342).

10 NCAC 261 .0102 - REQUEST FOR RECONSIDERATION AND RECIPIENT APPEALS

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 261 .0102 void as applied in Dorothy McNeil Moore v. N.C. Department of Human Resources, Division
of Medical Assistance (93 DHR 1342).

10 NCAC 261 .0104 - FORMAL APPEALS

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 10
NCAC 261 .0104 void as applied in Dorothy McNeil Moore v. N. C. Department of Human Resources, Division
of Medical Assistance (93 DHR 1342).

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2340

CONTESTED CASE DECISIONS

1 his Section contains the full text of some of the more significant Administrative Law Judge decisions
along with an index to all recent contested cases decisions which are filed under North Carolina 's
Administrative Procedure Act. Copies of the decisions listed in the index and not published are available
upon request for a minimal charge by contacting the Office of Administrative Hearings, (919) 733-2698.

AGENCY

CASE
NUMBER

AL.I

DATE OF
DECISION

PUBLISHED DECISION
REGISTER CITATION

ADMINISTRATION

LMS Express, Inc. v. Administration, Div of Purchase & Contract

Stauffer Information Systems v. Community Colleges &. Administration

McLaurin Parking Co. v. Administration

Warren H. Arlington Jr. v. Division of Purchase &. Contract

Travel, Incorporated v. Administration

92 DOA 0735

Morgan

06/04/93

92 DOA 0803

West

06/10/93

8:7 NCR 613

92 DOA 1662

Morrison

04/02/93

8:3 NCR 320

93 DOA 0132

West

07/21/93

93 DOA 0362

Nesnow

11/08/93

ALCOHOLIC BEVERAGE CONTROL COMMISSION

Alcoholic Beverage Control Comm, v. Ann Oldham McDowell
Curtis Ray Lynch v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Ezra Everett Rigsbee
Alcoholic Beverage Control Comm. v. Partnership, Phillip Owen Edward
Alcoholic Beverage Control Comm. v. Gary Morgan Neugent
Alcoholic Beverage Control Comm. v. Azzat Aly Amer
Alcoholic Beverage Control Comm. v. Kilty Ronald Eldridge
Alcoholic Beverage Control Comm. v. Gloria Black McDuffie
Alcoholic Beverage Control Comm. v. Larry Isacc Hailstock
Alcoholic Beverage Control Comm. v. Anthony Ralph Cecchini Jr.
Johnnie L. Baker v. Alcoholic Beverage Control Commission
RAMSAC Enterprises, Inc. v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Aubrey Rudolph Wallace
Alcoholic Beverage Control Comm. v. Mermaid, Inc.
Alcoholic Beverage Control Comm. v. Majdi Khalid Wahdan
Cornelius Hines T/A Ebony Lounge v. Alcoholic Beverage Ctl. Comm.
Alcoholic Beverage Control Comm. v. Homer Patrick Godwin Jr.
Alcoholic Beverage Control Comm. v. Wanda Lou Ball
Charles Anthonious Mo rant v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Billy Fincher McSwain Jr.
Jean Hoggard Askew v. Alcoholic Beverage Control Commission
Nizar Yusuf Yousef v. Alcoholic Beverage Control Commission
ABC Comm. v. Partnetship/T/A Corrothers Comty Ctr &. Private Club
Alcoholic Beverage Control Comm. v. James Elwood Alphin
Alcoholic Beverage Control Comm. v. James William Campbell
Alcoholic Beverage Control Comm. v. Sydner Jan Mulder
Barbara Locklear v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Commission v. Nizar Yusuf Yousef
Alcoholic Beverage Control Comm. v. Partnership, T/A Hawk's Landing
Alcoholic Beverage Control Com. v. Thomas Andrew Reid
Zachary Andre Jones v. Alcoholic Beverage Control Commission
Alcoholic Beverage Control Comm. v. Mack Ray Chapman
Alcoholic Beverage Control Comm. v. Bistro Enterprises, Inc.
Alcoholic Beverage Control Comm. v. Richard Donald James Jr.
Alcoholic Beverage Control Comm. v. George Oliver O'Neal m
Alcoholic Beverage Control Comm. v. The Sideline of Wilmington, Inc.
William Vernon Franklin & Gene Carroll Daniels v. ABC Commission
Pink Bell v. ABC Commission
Alcoholic Beverage Control Comm. v. Joseph Adu
Alcoholic Beverage Control Comm. v. Citizens Fuel Company
Alcoholic Beverage Control Comm. v. Citizens Fuel Company
Alcoholic Beverage Control Comm. v. Mohammad Salim Pirini

92 ABC 0260

Morgan

04/01/93

92 ABC 0288

Gray

05/18/93

92 ABC 0702

West

07/30/93

92 ABC 0978

Gray

05/28/93

92 ABC 1086

Becton

03/22/93

92 ABC 1149

Reilly

09/01/93

92 ABC 1153

Chess

04/26/93

92 ABC 1476

West

05/26/93

92 ABC 1483

Reilly

04/07/93

92 ABC 1690

Morgan

06/29/93

92 ABC 1735

Chess

05/07/93

93 ABC 0002

Morrison

07/02/93

93 ABC 0047

Gray

05/28/93

93 ABC 0076

Gray

08/04/93

93 ABC 0087

Becton

07/06/93

8:9 NCR 785

93 ABC 0118

Morrison

08/04/93

93 ABC 0125

Reilly

05/13/93

93 ABC 0182

Nesnow

07/29/93

93 ABC 0232

Chess

07/20/93

93 ABC 0239

Gray

08/26/93

93 ABC 0255

West

09/10/93

93 ABC 0280' 14

Morgan

01/31/94

93 ABC 0318

Reilly

07/22/93

93 ABC 0326

Gray

08/26/93

93 ABC 0327

Gray

08/09/93

93 ABC 0354

Morgan

11/10/93

8:17 NCR 1712

93 ABC 0395

West

09/14/93

93 ABC 0399*"

Morgan

01/31/94

93 ABC 0407

Becton

10/18/93

93 ABC 0408

Gray

11/01/93

93 ABC 0421

West

09/13/93

93 ABC 0423

Gray

09/17/93

93 ABC 0430

Reilly

10/07/93

93 ABC 0431

Nesnow

09/01/93

93 ABC 0433

Morgan

11/01/93

8:16 NCR 1553

93 ABC 0462

Becton

10/27/93

93 ABC 0570

Reilly

09/17/93

93 ABC 0595

Morgan

12/20/93

93 ABC 0601

Nesnow

10/28/93

8:16 NCR 1560

93 ABC 0611

West

10/12/93

93 ABC 0613

West

10/11/93

93 ABC 0616

West

10/13/93

* Consolidated cases.

2341

8:23

NORTH CAROLINA REGISTER

March 1, 1994

CONTESTED CASE DECISIONS

AGENCY

Linda R. Cunningham v. Alcoholic Beverage Control Commission
Charles Edward Hare, Club Paradise v. Alcoholic Beverage Ctl. Comm.
Alcoholic Beverage Control Comm. v. Katherine Mary Dufresne
Alcoholic Beverage Control Comm. v. Utilities Control, Inc.
Nasseem Medhat Awartani v. Alcoholic Beverage Control Comm.
Alcoholic Beverage Control Comm. v. Jerome Hill T/A Corner Packet
Venus L. Smith v. Alcoholic Beverage Control Commission
Alcohlic Beverage Control Comm. v. Partnership t/a RJ's Store
Alcholic Beverage Control Comm. v. Ervin Ray Winstead
Alcoholic Bev. Control Comm. v. Mild & Wild, Inc., Sheila Scholz

CASE

DATE OF

PUBLISHED DECISION

NUMBER

ALJ

DECISION

93 ABC 0633

Morrison

11/03/93

93 ABC 0644

Gray

08/10/93

93 ABC 0667

Reilly

12/13/93

93 ABC 0861

Mann

01/24/94

8:22 NCR 2195

93 ABC 0959

Chess

01/13/94

93 ABC 0672

Gray

11/23/93

93 ABC 0701

Bee ton

12/08/93

93 ABC 0860

Mann

09/29/93

93 ABC 0890

Chess

12/30/93

93 ABC 1475

Nesnow

03/23/93

COMMERCE

Lester Moore v. Weatherization Assistance Program
CRIME CONTROL AND PUBLIC SAFETY

93 COM 0105

Gray

03/08/93

George W. Paylor v. Crime Victims Compensation Comm.
Steven A. Barner v. Crime Victims Compensation Comm.
Anthony L. Hart v. Victims Compensation Comm.
Jennifer Ayers v. Crime Victims Compensation Comm.
Janie L. Howard v. Crime Victims Compensation Comm.
Isabelle Hyman v. Crime Victims Compensation Comm.
James G. Pellom v. Crime Control & Public Safety
Norman E. Brown v. Victims Compensation Commission
Moses H. Cone Mem Hosp v. Victims Compensation Comm.
David & Jane Spano v. Crime Control & Public Safety
Phillip Edward Moore v. Crime Control & Public Safety
Norma Jean Purkett v. Crime Victims Compensation Comm.
Sheila Carter v. Crime Control and Public Safety
John Willie Leach v. Crime Victims Compensation Comm.
Nellie R. Mangum v. Crime Victims Compensation Comm.
Constance Brown v. Crime Victims Compensation Comm.
Susan Coy v. Crime Victims Compensation Commission
Mark A. McCrimmon v. Crime Victims Compensation Comm.
Rendall K. Rothrock v. Crime Victims Compensation Comm.
Anthony Dewayne McClelland v. Victim Compensation Comm.
Jasper L. Payton v. Crime Victims Compensation
Sabrina D. Adams v. Victims Compensation Comm.
John Pressley Moore v. Crime Victims Compensation Comm.
Sharon Hafer v. Victims Compensation Comm.
Treva L. Marley v. Crime Victims Compensation Comm.
Dollie F. McMillan v. Victims Compensation

EMPLOYMENT SECURITY COMMISSION

91 CPS 1286

Morgan

04/27/93

92 CPS 0453

Nesnow

06/01/93

92 CPS 0937

Chess

03/01/93

92 CPS 1195

Reilly

03/19/93

92 CPS 1787

Reilly

03/26/93

92 CPS 1807

Morrison

05/24/93

93 CPS 0034

Gray

05/05/93

93 CPS 0141

West

07/07/93

93 CPS 0152

Nesnow

04/02/93

8:3 NCR 327

93 CPS 0160

Nesnow

07/30/93

8:10 NCR 862

93 CPS 0169

Nesnow

05/20/93

93 CPS 0205

West

08/27/93

8:12 NCR 1171

93 CPS 0249

Morgan

08/25/93

93 CPS 0263

Morrison

05/20/93

93 CPS 0303

Morrison

06/08/93

93 CPS 0351

Reilly

05/24/93

93 CPS 0623

Reilly

09/22/93

93 CPS 0652

Bee ton

12/20/93

8:20 NCR 2016

93 CPS 0821

West

12/28/93

93 CPS 1168

West

02/16/94

93 CPS 1281

West

02/16/94

93 CPS 1378

West

02/16/94

93 CPS 1405

Morrison

12/29/93

93 CPS 1480

Bee ton

02/07/94

93 CPS 1671

Gray

02/16/94

93 CPS 1717

Nesnow

01/24/94

William H. Peace III v. Employment Security Commission
ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

91 EEO0536

Chess

10/12/93

8:19 NCR 1914

Charles L. Wilson v. Environment, Health, & Natural Resources
J. Bruce Mulligan v. Environment, Health, & Natrual Resources
Calvin Blythe Davis & George Thomas Davis v. EHR
Michael D. Barnes v. Onslow Cty Hlth & Environment and EHR
William E. Finck v. Environment, Health, & Natural Resources
Utley C. Stallings v. Environment, Health, & Natural Resources
Dora Mae Blount on behalf of Joseph T. Midgette v. Hyde Cty

Bd/Commissioneis, Hyde Cty Bd/Heallh, &. Environment,

Health, & Natural Resources
Thomas G. McHugh v. DEHNR

A.J. Ballard Jr., Tire &. Oil Co., Inc. v. Env., Health, & Nat. Res.
Safeway Removal, Inc. v. Environment, Health, & Natural Res.
White Oak Chapter of the Izaak Walton League, Inc., and

National Parks and Conservation Association, Inc. v.

Division of Solid Waste Management, EHR and Haywood County
Southehem, Inc. v. Environment, Health, & Natural Resources
Elizabeth City/fcisquotank Cty Mun Airport Auth v. EHNR
W.E. Moulton & Wife, Evelyn Moulton v. Macon County Health Dept.

9 1 EHR 0664

Morgan

03/23/93

91 EHR 0773

West

07/13/93

91 EHR 0794

Morrison

12/02/93

9 1 EHR 0825

Morgan

06/21/93

92 EHR 0040

Gray

06/14/93

92 EHR 0062

Gray

03/15/93

92 EHR 0400

Gray

10/15/93

92 EHR 0742

Bee ton

12/28/93

92 EHR 0754

Nesnow

08/30/93

92 EHR 0826

West

03/12/93

92 EHR 088 1

West

09/14/93

92 EHR 0925

Chess

11/08/93

92 EHR 1140

Gray

04/13/93

92 EHR 1144

Morgan

11/15/93

8:1 NCR 83

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2342

CONTESTED CASE DECISIONS

AGENCY

Interstate Brands Corp &. Donald Leffew v. Env., Health, &. Nat. Res.
Service Oil Company v. Environment, Health, & Natural Resources
Interstate Brands Corp &. Donald Leffew v. Env., Health, &. Nat. Res.
Residents of Camm & Shell v. Health Environmental - Septic Tank Div.
City of Salisbury v. Environment, Health, &. Natural Resources
Willie M. Watford v. Hertford Gates District Health Department
Standard Speciality Contractors, Inc. v. EHNR
Shawqi A. Jaber v. Environment, Health, & Natural Resources
McLeod Leather & Belting Co., Inc. v. Env.. Health, & Natural Res.
Angela Power, Albert Power v. Children's Special Health Svcs.
Rayco Utilities. Inc. v. Environment, Health. &. Natural Resources
Erby Lamar Grainger v. Environment, Health. &. Natural Resources
Mustafa E. Essa v. Environment, Health, &. Natural Resources
A.J. Holt v. Public Water Supply Section, Div. of Environmental Health
Charlie Garfield McPherson Swine Farm v. Env., Health, & Nat. Res.
Keith Cutler, Kalhryn Cutler v. Environment, Health, & Natural Res.
Rosetta Brimage, Vanessa Pack v. Em 7 . Health of Craven County
R.L. Stowe Mills, Inc. v. Environment. Health, &. Natural Resources
O.C. Stafford/Larry Haney v. Montgomery Cty. Health Dept.
Patricia Y. Marshall v. Montgomery Cty Health Dept. & EHR
Fred M. Grooms v. Environment, Health, &. Natural Resources
Bobby Anderson v. Environment, Health, &. Natural Resources
Shell Bros. Dist., Inc. v. Environment. Health. & Natural Resources
Fred C. Gosnell & wife, Patricia T. Gosnell v. Env., Health, & Nat. Res.
Holding Bros., Inc. v. Environment, Health, &. Natural Resources
Tony Tomson, Diane Clase & William J. Stevenson v. EHR
Tony Tomson, Diane Clase &. William J. Stevenson v. EHR
Hamilton Beach/Proctor-Silex, Inc. v. Environment, Health, &. Natrl Res
Tim Whitfield v. Environment, Health, &. Natural Resources
Tony Worrell v. Environment, Health, &. Natural Resources
L. Terry Fuqua v. Environment, Health, & Natural Resources
Seth B. Gaskill Jr. v. N.C. Coastal Resources Commission
World Omni Development v. Environment, Health, &. Natural Resources
Jimmy Hough v. Environment, Health, & Natural Resources
N.C. Salvage Co., Inc. v. Environment, Health. &. Natural Resources
Richard L. Goodman v. Environment, Health, & Natural Resources
Monroe Gaskill v. DEHNR-Div. of Coastal Management
C.J. Ramey & wife, Diane B. Ramey &. Hubbard Realty of
Winston Salem, Inc. v. Environment, Health, &. Natural Resources
Lanny Clifton, Southwind Dev. , Co. v. Div. of Environmental Mgmt.
Blue Ridge Em - . Defense League, Inc. v. Env., Health, & Natrl Res
Charles Watson v. DEHNR

Heatcraft Inc. v. Environment, Health, &i Natural Resources
Ralph West- Land Owner by Preston M. Bratcher v. EHR

CASE
NUMBER

ALJ

DATE OF
DECISION

PUBLISHED DECISION
REGISTER CITATION

92 EHR
92 EHR
92 EHR
92 EHR
92 EHR
92 EHR
92 EHR

92 EHR

93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR
93 EHR

1201*"

1205

1224*"

1462

1472

1600

1660

1784

0003

0008

0063

0071

0146

016S

0181

0185

0206

0219

0224

0252

0276

0299

0308

0340

0380

0466* 11

0467* 12

0477

0520

0587

0624

0635

0688

0736

0765

0783

0802

0808

93 EHR 0848
93 EHR 0862
93 EHR 0981
93 EHR 1021
93 EHR 1611

Reilly
Reilly
Reilly
Morrison
Morrison
Chess
Reilly
Bee ton
Morgan
Becton
Morrison
Reilly
Gray
West
Reilly
Morrison
Nesnow
Morrison
Gray-
Gray
West
Reilly
Becton
Becton
Nesnow
Reilly
Reilly
Reilly
Gray
Morgan
Reilly
Nesnow
Nesnow
Gray

Morrison
Reilly
Chess
West

Becton

Nesnow

West

Morrison

Gray

08/12/93
05/27/93
08/12/93
08/25/93
04/22/93
03/24/93
05/21/93
07/07/93
10/11/93
03/24/93
09/17/93
06/21/93
03/29/93
10/25/93
07/23/93
10/20/93
05/20/93
08/11/93
06/07/93
10/22/93
08/27/93
06/07/93
05/18/93
08/11/93
08/03/93
11/30/93
11/30/93
06/29/93
12/16/93
11/08/93
11/08/93
11/18/93
01/18/94
01/21/94
02/15/94
11/24/93
10/13/93
01/31/94

10/20/93
10/11/93
12/20/93
12/20/93
01/31/94

8:15 NCR 1503

8:10 NCR 870

8:11 NCR 996

8:12 NCR 1176

8:11 NCR 1001

♦

HUMAN RELATIONS COMMISSION

Human Relations Comm. on behalf of Tyrone Clark v. Myrtle Wilson 92 HRC 0560 Becton 09/07/93 8:13 NCR 1287

Human Relations Coram, on behalf of Marsha Crisco v. Hayden Morrison 93 HRC 0167 Reilly 08/18/93 8:12 NCR 1168

HUMAN RESOURCES

O.C. Williams v. Human Resources

Ronald Terry Brown v. Human Resources

Dennis K, King v. Human Resources

Cathy Harris, A/K/A Cathy D. Grubb v. Human Resources

Raymond L. Griffin v. Human Resources

O.C. Williams v. Human Resources

Michael L. Ray v. Human Resources

Randy Chambliss v. Human Resources

Melvin White v. Human Resources

Joseph R. Kavaliauskas Jr. v. Human Resources

Larry D. Boyd v. Human Resources

Jefferson D, Boylen v. Human Resources

Jeffery D. Williams v. Human Resources

Jerry L. Summers v. Human Resources

Samuel E. Massenberg Jr. v. Human Resources

William A. Dixon v. Human Resources

91 CSE0036* ;

Morgan

03/30/93

91 CSE0249

Morgan

05/17/93

91 CSE 1122

Morgan

07/28/93

91 CSE 1131

Morgan

08/24/93

91 CSE 1148

Morgan

08/24/93

91 CSE 1 158*-

Morgan

03/30/93

91 CSE 1173

Morgan

05/17/93

91 CSE 1187

Morgan

04/28/93

91 CSE 1192

Morgan

05/17/93

91 CSE 1204

Morgan

07/29/93

91 CSE 1214

Morgan

08/24/93

91 CSE 1217

Morgan

05/17/93

91 CSE 1231

Morgan

04/28/93

91 CSE 1234

Morgan

07/28/93

91 CSE 1249

Morgan

05/17/93

91 CSE 1277

Morrison

03/04/93

2343

8:23

NORTH CAROLINA REGISTER

March 1, 1994

CONTESTED CASE DECISIONS

AGENCY

Gregory L. Washington v. Human Resources

Edwin Clarke v. Human Resources

Dwayne Allen v. Human Resources

Edwin Ivester v. Human Resources

Connie E Epps, Otis Junior Epps v. Human Resources

Tyrone Aiken v. Human Resources

Everett M. Eaton v. Human Resources

Eugene Johnson v. Human Resources

Edward E. Brandon v. Human Resources

James Sisk Jr. v. Human Resources

Thomas M. Bird well HI v. Human Resources

Darrell W. Russell v. Human Resources

John Henry Byrd v. Human Resources

Aaron James Alford v. Human Resources

Michelle D. Mobley v. Human Resources

Gus W. Long Jr. v. Human Resources

Robert E. Watson v. Human Resources

Connell R. Goodson v. Human Resources

Byron Christopher Williams v. Human Resources

Elijah G. Deanes v Human Resources

James W. Bell v. Human Resources

Charles W. Stall Jr. v. Human Resources

William A. Wilson ID v. Human Resources

Eric Stanley Stokes v. Human Resources

Clayton L. Littleton v. Human Resources

Frank E. Johnson v. Human Resources

David Rollins v. Human Resources

Willie Sam Brown v. Human Resources

Lyndell Greene v. Human Resources

Charles Swann v. Human Resources

Joe B. Reece v. Human Resources

Michael Anthony Dean v. Human Resources

Gregory W. Alfoid v. Human Resources

Leroy Snuggs v. Human Resources

James R Miller HI v. Human Resources

Herbert H. Fordham v. Human Resources

Jack Dulq v. Human Resources

Jesse B. Williams v. Human Resources

Johnny Victor Debity v. Human Resources

Larry L. Crowder v. Human Resources

Carlos Bernaid Davis v. Human Resources

Ocie C. Williams v. Human Resources

Terrance Freeman v. Human Resources

Floyd Excell Stafford v. Human Resources

Timothy Brian Eller v. Human Resources

Charles S. Ferrer v. Human Resources

Ronald H. Lockley v. Human Resources

Rene Thomas Rittenhouse v. Human Resources

Thomas Edward Williamson v. Human Resources

Roy Chester Robinson v. Human Resources

Lynwood McClinton v. Human Resources

Timothy Scott Long v. Human Resources

Kenneth Lamar Massey v. Human Resources

David W. Williams v. Human Resources

William E. Ingram v. Human Resources

Harold R. Pledger v. Human Resources

Kenneth Wayne Wiggins v. Human Resources

Carl Beard v. Human Resources

Henry Alston Jr. v. Human Resources

Gary Lewis Doster v. Human Resources

Raymond L. Head v. Human Resources

Mark R. Charles v. Human Resources

Michael W Bentley v. Human Resources

Robert D. Knoll Jr. v. Human Resources

Dale Robert Stuhre v. Human Resources

James T. Carter Jr. v. Human Resources

Tommy Malone v. Human Resources

James C. Dixon Jr. v. Human Resources

CASE

DATE OF PUBLISHED DECISION

NUMBER

ALJ

DECISION REGISTER CITATION

92 CSE 0075

Morgan

04/01/93

92 CSE 0129

Morgan

05/17/93

92 CSE 0196

Morgan

03/31/93

92 CSE 0268

Nesnow

03/30/93

92 CSE 1182

Reilly

07/22/93

92 CSE 1217

Gray

06/17/93

92 CSE 1221

Reilly

07/27/93

92 CSE 1229

Nesnow

11/16/93

92 CSE 1237

Gray

04/16/93

92 CSE 1238

Reilly

11/17/93

92 CSE 1240

Reilly

12/09/93

92 CSE 1249

Becton

04/20/93

92 CSE 1250

Reilly

06/04/93

92 CSE 1253

Becton

12/06/93

92 CSE 1256

Nesnow

04/15/93

92 CSE 1263

Gray

08/16/93

92 CSE 1265

Reilly

05/06/93

92 CSE 1267

Gray

12/07/93

92 CSE 1270

Nesnow

04/26/93

92 CSE 1273

Nesnow

11/17/93

92 CSE 1311

Nesnow

05/10/93

92 CSE 1313

Mann

07/06/93

92 CSE 1315

Reilly

12/07/93

92 CSE 13 16*'

Reilly

03/25/93

92 CSE 1317

Morrison

09/02/93

92 CSE 1326

Reilly

08/16/93

92 CSE 1334

Morrison

05/06/93

92 CSE 1338

Morrison

09/15/93

92 CSE 1346

Nesnow

04/16/93

92 CSE 1347

West

09/16/93

92 CSE 1355

Mann

10/12/93

92 CSE 1356

Morrison

08/13/93

92 CSE 1358

Gray

10/18/93

92 CSE 1360

Morrison

04/15/93

92 CSE 1361

Gray

04/16/93

92 CSE 1362

Nesnow

07/19/93

92 CSE 1374

Gray

07/16/93

92 CSE 1389

Nesnow

10/12/93

92 CSE 1393

Mann

11/15/93

92 CSE 1396

Reilly

04/15/93

92 CSE 1404

Reilly

04/15/93

92 CSE 1405

Mann

06/25/93

92 CSE 1411

Mann

06/07/93

92 CSE 1412

Reilly

08/31/93

92 CSE 1414

Reilly

04/20/93

92 CSE 1416

Mann

04/15/93

92 CSE 1418

Nesnow

04/20/93

92 CSE 1421

Nesnow

04/20/93

92 CSE 1422

Reilly

04/20/93

92 CSE 1423

Reilly

04/15/93

92 CSE 1424

Reilly

09/15/93

92 CSE 1445

Becton

06/29/93

92 CSE 1447

Reilly

12/07/93

92 CSE 1448

Nesnow

07/19/93

92 CSE 1450

Reilly

04/15/93

92 CSE 1455

Morrison

05/20/93

92 CSE 1458

Gray

12/13/93

92 CSE 1459

Reilly

09/08/93

92 CSE 1460

Becton

06/29/93

92 CSE 1461

Morrison

10/21/93

92 CSE 1510

Mann

11/18/93

92 CSE 1511

Becton

11/17/93

92 CSE 1512

Nesnow

06/09/93

92 CSE 1515

Nesnow

11/17/93

92 CSE 1516

Reilly

05/11/93

92 CSE 1517

Mann

08/31/93

92 CSE 1520

Mann

05/07/93

92 CSE 1522

Becton

05/11/93

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2344

CONTESTED CASE DECISIONS

agency

Timothy R. Currence v. Human Resources
Wardell Walker v. Human Resources
Wallace M. Cooper v. Human Resources
Jarvis N. Price v. Human Resources
Thomas L. Yates v. Human Resources
Clearnce Ray Taylor v. Human Resources
Robert E. Tarlton Sr. v. Human Resources
Rodney Devard Clemons v. Human Resources
James A. Coleman v. Human Resources
Lee Richard Jones v. Human Resources
Romeo F. Skapple v. Human Resources
Terrial W. Mayberry v. Human Resources
Jeffrey L. Garrett v. Human Resources
Edward Kirk v. Human Resources
William C. Hubbard v. Human Resources
William Michael Przybysz v. Human Resources
Kevin Keith Witmore v. Human Resources
George A. Rinell v. Human Resources
Edward Fitch v. Human Resources
David Rohinette v. Human Resources
Harvey H. Boyd v. Human Resources
Kit C. Elmore v. Human Resources
Brian C. Gilmore v. Human Resources
Philip S. Piercy v. Human Resources
Anthony McLaughlin v. Human Resources
Johnny W. Cooke v. Human Resources
Roland L. Essaff v. Human Resources
Isaac Maxwell v. Human Resources
Donald J. Ray v. Human Resources
Barbara A. Chaperon v. Human Resources
Kenneth Eugene Johnson v. Human Resources
Derrick Carter v. Human Resources
Charles Wayne Pierce v. Human Resources
Gregory L. Vernoy v. Human Resources
Donna G. Knotts v. Human Resources
Robert Jerome Sutton v. Human Resources
Donald R. Williams v. Human Resources
McKinley Clyburn v. Human Resources
Henry L. Taylor v. Human Resources
Tony Thorpe v. Human Resources
Jeffery D. Williams v. Human Resources
Ronald Sowell v. Human Resources
Billy Smith v. Human Resources
Rawn Weigel v. Human Resources
Anthony Curry v. Human Resources
John G. Williams v. Human Resources
Larry W Golden v. Human Resources
William J. Carter v. Human Resources
Mark W. Dean v. Human Resources
Linda D. McDonald v. Human Resources
Tyrone Thomas v. Human Resources
Rilton E. May v. Human Resources
Milton Kendricks v. Human Resources
Joe K. Martin v. Human Resources
Eric Stanley Stokes v. Human Resources
Erskin J. Thompson v. Human Resources
Larry Thompson v. Human Resources
Billie J. Smith v. Human Resources
Patrick Floyd v. Human Resources
James Eric Frost v. Human Resources
Dennis W Nolan v. Human Resources
Eric L. Garland v. Human Resources
Ira Alston Jr. v. Human Resources
Elvis Bernard Telfair v. Human Resources
Ronald G. Bolden v. Human Resources
Rodney H. Allen, MD v. Human Resources
Donnell E. Byrd v. Human Resources
Marvin Holley v. Human Resources

CASE

DATE OF

NUMBER

ALJ

DECISION

92 CSE 1523

Reilly

09/09/93

92 CSE 1524

Reilly

10/12/93

92 CSE 1527

Reilly

05/11/93

92 CSE 1531

Morrison

05/12/93

92 CSE 1535

Gray

05/10/93

92 CSE 1538

Morrison

11/18/93

92 CSE 1536

Gray

05/17/93

92 CSE 1539

Gray

05/10/93

92 CSE 1540

Reilly

05/11/93

92 CSE 1541

Reilly

09/08/93

92 CSE 1545

Gray

04/26/93

92 CSE 1546

Reilly

10/12/93

92 CSE 1557

Gray

04/22/93

92 CSE 1560

Gray

06/29/93

92 CSE 1562

Mann

05/12/93

92 CSE 1565

Bee ton

07/23/93

92 CSE 1566

Reilly

11/01/93

92 CSE 1569

Gray

12/09/93

92 CSE 1572

Reilly

05/11/93

92 CSE 1573

Mann

07/14/93

92 CSE 1574

Reilly

12/09/93

92 CSE 1575

Gray

07/16/93

92 CSE 1576

Gray

04/26/93

92 CSE 1577

Gray

07/16/93

92 CSE 1582

Gray

06/29/93

92 CSE 1585

Bee ton

05/11/93

92 CSE 1588

Morrison

07/26/93

92 CSE 1589

Reilly

04/26/93

92 CSE 1592

Mann

05/19/93

92 CSE 1593

Mann

10/13/93

92 CSE 1594

Reilly

11/01/93

92 CSE 1595

Gray

11/17/93

92 CSE 1596

Morrison

07/14/93

92 CSE 1610

Gray

11/09/93

92 CSE 1611

Morrison

07/16/93

92 CSE 1618

Chess

10/12/93

92 CSE 1622

Nesnow

08/04/93

92 CSE 1623

Morrison

05/20/93

92 CSE 1624

Mann

09/15/93

92 CSE 1625

Chess

07/15/93

92 CSE 1626

Mann

05/19/93

92 CSE 1627

Reilly

07/19/93

92 CSE 1629

Reilly

03/25/93

92 CSE 1630

Mann

11/18/93

92 CSE 1631

Reilly

03/25/93

92 CSE 1632

Mann

08/10/93

92 CSE 1633

Reilly

03/25/93

92 CSE 1637

Nesnow

05/19/93

92 CSE 1638

Reilly

07/15/93

92 CSE 1639

Gray

10/19/93

92 CSE 1640

Mann

07/22/93

92 CSE 1642

Morgan

07/29/93

92 CSE 1647

Gray

12/07/93

92 CSE 1650

Reilly

09/10/93

92 CSE 1652* 3

Reilly

03/25/93

92 CSE 1653

Gray

11/17/93

92 CSE 1655

Reilly

07/22/93

92 CSE 1656

Gray

07/23/93

92 CSE 1663

Reilly

05/20/93

92 CSE 1669

Mann

11/18/93

92 CSE 1670

Morrison

06/25/93

92 CSE 1671

Mann

07/22/93

92 CSE 1703

Bee ton

06/16/93

92 CSE 1704

Reilly

09/15/93

92 CSE 1706

Mann

06/25/93

92 CSE 1707

Morrison

11/18/93

92 CSE 1712

Chess

10/22/93

92 CSE 1713

Mann

06/08/93

PUBLISHED DECISION
REGISTER CITATION

2345

8:23

NORTH CAROLINA REGISTER

March 1, 1994

CONTESTED CASE DECISIONS

AGENCY

Eddie Short v. Human Resources

Michael Tywan Marsh v. Human Resources

Leroy Jones v. Human Resources

Antonio M. Townsend v. Human Resources

Kevin J. Close v. Human Resources

Norman Gatewood v. Human Resources

Thadius Bonapart v. Human Resources

Ronald Norman v. Human Resources

Joseph Eric Lewis v. Human Resources

Ronald Dean Lowery v. Human Resources

Tamera S. Hatfield v. Human Resources

Michael Wayne Bryant v. Human Resources

James E. Blakney v. Human Resources

E. Burt Davis Jr. v. Human Resources

Nelson Fowler Jr. v. Human Resources

Oswinn Blue v. Human Resources

Charles E. Whiteley v. Human Resources

Kelvin D. Jackson v. Human Resources

Linwood Staton v. Human Resources

Anthony Watson v. Human Resources

Eugene Polk v. Human Resources

Steve R. Tallent v. Human Resources

Charles A. Morgan v. Human Resources

Glenda K. Hollifield v. Human Resources

Quinton Brickhouse v. Human Resources

Kenneth W. Williams v. Human Resources

Charles Thompson Jr. v. Human Resources

Wanda L. Cuthberteon v. Human Resources

Barbara W. Catlett v. Human Resources

Doris Kemp Brice v. Human Resources

Laurel Langford v. Human Resources

Ida Diane Davis v. Human Resources

Hatsuko Klein v. Human Resources

Karen Mullins Martin v. Human Resources

Ora Lee Brinkley v. David T. Flaherty, Secretary of Human Resources

Leon Barbee v. Human Resources

Carrolton of Dunn, Inc. v. Human Resources

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of
Cumberland County v. Human Resources, Division of Facility
Services, Certificate of Need Section, and Bio-Medical
Applications of Fayetteville d/b/a Fayetteville Kidney Center,
Webb-Lohavichan-Melton Rentals, Bio-Medical Applications
of North Carolina, Inc., d/b/a BMA of Raeford and Webb-
Lohavichan Rentals

Dialysis Care of North Carolina, Inc., d/b/a Dialysis Care of
Cumberland County v. Human Resources, Division of Facility
Services, Certificate of Need Section, and Bio-Medical
Applications of Fayetteville d/b/a Fayetteville Kidney Center,
Webb-Lohavichan-Mellon Rentals, Bio-Medical Applications
of North Carolina, Inc., d/b/a BMA of Raeford and Webb-
Lohavjchan Rentals

Bio-Medical Applications of North Carolina, Inc., d/b/a BMA
of Raeford, Webb-Lohavichan-Melton Rentals, Bio-Medical
Applications of North Carolina, Inc., d/b/a BMA of Fayetteville
d/b/a Fayetteville Kidney Center and Webb-Lohavichan Rentals
v. Human Resources, Division of Facility Services, Certificate of
Need Section and Dialysis Care of North Carolina, Inc., d/b/a
Dialysis Care of Hoke County

Renal Care of Rocky Mount, Inc. v. Human Resources, Division of
Facility Services, Certificate of Need Section, and Bio-Medical
Applications of North Carolina, Inc. , d/b/a BMA of Tarboro,
Rocky Mount Nephrology Associates, Inc., Bio-Medical
Applications of North Carolina, Inc., d/b/a BMA of Rocky Mount
d/b/a Rocky Mount Kidney Center, and Rocky Mount Kidney Center
Associates

James H. Hunt Jr. v. Division of Medical Assistance

Barbara Jones v. Human Resources

Joyce P. Williams v. Human Resources

CASE

DATE OF PUBLISHED DECISION

NUMBER

ALJ

DECISION REGISTER CITATION

92 CSE 1714

West

07/15/93

92 CSE 1716

Gray

06/17/93

92 CSE 1718

Gray

06/17/93

92 CSE 1721

Chess

08/30/93

92 CSE 1727

Chess

08/30/93

92 CSE 1728

Chess

10/22/93

92 CSE 1740

Chess

09/21/93

92 CSE 1746

Chess

10/14/93

92 CSE 1748

Bee ton

08/02/93

92 CSE 1771

West

07/15/93

92 CSE 1772

Chess

08/30/93

92 CSE 1773

Chess

10/22/93

92 CSE 1779

Nesnow

05/13/93

92 CSE 1780

Gray

11/17/93

93 CSE 0050

Chess

10/18/93

93 CSE 0073

Chess

08/03/93

93 CSE 0183

Bee ton

11/10/93

93 CSE 0221

West

08/04/93

93 CSE 0250

Nesnow

08/13/93

93 CSE 0396

Nesnow

08/04/93

93 CSE 0437

Chess

08/11/93

93 CSE 0448

West

10/29/93

93 CSE 0518

West

11/09/93

93 CSE 0545

West

10/11/93

93 CSE 0576

Gray

11/17/93

93 CSE 0590

Reilly

10/18/93

93 CSE 0696

Morrison

09/23/93

93 CSE 1086

Morrison

01/27/94

92 DCS 0577

West

03/15/93

92 DCS 1179

Gray

02/07/94

92 DCS 1181

Gray

05/04/93 8:5 NCR 441

92 DCS 1200

Gray

03/29/93

92 DCS 1271

Reilly

05/05/93

92 DCS 1783

West

08/04/93

92 DHR 0608

Chess

08/27/93

92 DHR 0658

Morrison

04/30/93 8:4 NCR 392

92 DHR 1101

Morgan

07/26/93

92 DHR 1109**

Morgan

06/22/93 8:8 NCR 687

92 DHR 1110* Morgan 06/22/93

92 DHR 1116*" Morgan 06/22/93

92 DHR 1 120 Gray

06/18/93

8:8 NCR 687

92 DHR 1145 Becton
92 DHR 1192 Nesnow
92 DHR 1275 Gray

05/13/93
04/02/93
03/15/93

8:5 NCR 443
8:3 NCR 313

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2346

CONTESTED CASE DECISIONS

AGENCY

Snoopy Day Care, Diane Hamfcy v. Child Day Care Licensing

Cynthia Reed v. Human Resources

The Neighborhood Center v. Human Resources

Helm's Rest Home, Ron J. Schimpf/Edith H. Wilson v. Human Resources

Jo Ann Kinsey v. NC Memorial Hospital Betty Hutton, Volunteer Svc.

Amy Clara Williamson v. NC Mem Hosp Betty Hutton, Volunteer Svc.

Betty Butler v. Human Resources

Wayne Sanders and Brenda Sanders v. Human Resources

Britthaven, Inc. v. Human Resources & Valdese Nursing Home, Inc.

Samuel Benson v. Office of Admin. Hearings for Medicaid

James W. McCall, Alice V. McCall v. Human Resources

Vernice Whisnant v. Human Resources

Nell Brooks v. Child Day Care Section, Cherokee Cty Dept/Social Svcs

Cabarrus Cty Dept. of Social Svcs. v. Human Resources

Hannah F Tonkel v. Human Resources

Fannie Lewis v. Human Resources

Human Resources, Div. of Child Development v. Susan Amato

Katie Kelly v. Human Resources

Jessie Campbell & Hazel Campbell v. Human Resources

A.C., by & through her agent & personal rep. Hank Neal v. Human Res.

Venola Hall, Agape Day Care v. Human Resources

Warren Cty NC Lucious Hawkins v. Human Resources, C. Robin Britt

Christopher Durrer, Wilson Memorial Hospital v. Human Resources

Mary McDuffie v. Human Resources Child Development

Darryl A. Richardson v. Human Resources

Home Health Prof., Barbara P. Bradsher, Admin v. Human Resources

Sandra Gail Wilson v. Child Abuse/Neglect, Div. of Child Development

Thomas M. Moss v. Human Resources

Rosa Wall v. Nurse Aide Registry, Charge of Abuse

Frank S. & Susie R. Wells v. New Hanover Cty. Dept of Social Svcs.

Mattie and Johnny Smith v. Lenoir County Department of Social Services

Jody Ridge v. Human Resources

Gloria C. Haith v. Burlington Child Dev. Center

INSURANCE

CASE

DATE OF

NUMBER

ALJ

DECISION

92 DHR 1320

Morgan

05/21/93

92 DHR 1329

Chess

05/10/93

92 DHR 1375

Chess

08/02/93

92 DHR 1604

Reilly

05/10/93

92 DHR 1612

Chess

03/08/93

92 DHR 1613

Chess

03/08/93

92 DHR 1614

Chess

03/09/93

92 DHR 1699

Reilly

06/07/93

92 DHR 1785

Gray

09/17/93

93 DHR 0010

Bee ton

03/11/93

93 DHR 0102

Morgan

10/05/93

93 DHR 0332

Morgan

09/23/93

93 DHR 0343

Bee ton

11/29/93

93 DHR 0373

Morgan

07/20/93

93 DHR 0378

Nesnow

09/10/93

93 DHR 0379

Gray

06/28/93

93 DHR 0418

Morgan

08/26/93

93 DHR 0441

Chess

07/26/93

93 DHR 0521

Bee ton

01/13/94

93 DHR 0529

Nesnow

12/06/93

93 DHR 0535

Mann

10/22/93

93 DHR 0540

Gray

12/06/93

93 DHR 0566

Chess

09/17/93

93 DHR 0651

Bee ton

09/10/93

93 DHR 0679

Beeton

09/30/93

93 DHR 0737

Chess

09/23/93

93 DHR 0782

Nesnow

09/09/93

93 DHR 0864

Chess

11/05/93

93 DHR 0881

West

12/15/93

93 DHR 0922

Nesnow

11/08/93

93 DHR 1176

Morrison

12/29/93

93 DHR 1698

Reilly

02/02/94

93 DHR 1788

Nesnow

01/27/94

PUBLISHED DECISION
REGISTER CITATION

8:7 NCR 632

8:18 NCR 1832

8:19 NCR 1926

♦

Carolyn M. Hair v. St Employees Comprehensive Major Medical
Scotland Memorial Hospital, Mary Home Odom v. Bd. /Trustees//
St. of N.C. Teachers' & St. Emp. Comp. Major Medical Plan, and
David G. Devries, as Exec. Admin, of the N.C. Teachers' &. St. Emp.
Comp. Major Medical Plan
Phyllis C. Harris v. Teachers' & St. Emp. Comp. Major Med. Plan
Jarmaine Knight v. Ms. Shirley H. Williams, Insurance

92 INS 1464
92 INS 1791

93 INS 0197
93 INS 1056

Chess
Reilly

Nesnow
West

03/10/93
08/19/93

07/29/93
12/01/93

JUSTICE

Philip B. Cates v. Justice, Attorney General's Office

Donald Willard Johnson v. Criminal Justice Ed. & Training Stds. Comm.

Jennings Michael Bostic v. Sheriffs' Ed. & Traning Stds. Comm.

Colin Carlisle Mayers v. Sheriffs' Ed. & Training Stds. Comm.

Jennings Michael Bostic v. Sheriffs' Ed. & Traning Stds. Comm.

Michael Charles Kershner v. Criminal Justice Ed & Training Stds Comm

George Wdton Hawkins v. Criminal Justice Ed. & Training Stds. Comm.

Marilyn Jean Britt v. Criminal Justice Ed. & Training Stds. Comm.

Tim McCoy Deck v. Criminal Justice Ed. & Training Stds. Comm.

Richard Zander Frink v. Criminal Justice Ed. & Traning Stds. Comm.

Sherri Ferguson Revis v. Sheriffs' Ed. &. Training Stds. Comm.

Mark Thomas v. Sheriffs* Ed. & Training Standards Commission

George Wilton Hawkins v. Sheriffs Ed. &. Training Stds. Comm.

Noel B. Rice v. Criminal Justice Ed. &. Training Standards Comm.

Lonnie Allen Fox v. Sheriffs' Ed. & Training Standards Commission

Alarm Systems Licensing Bd. v. Eric Hoover

Alarm Systems Licensing Bd. v. Vivian Darlene Gaither

Rebecca W Stevenson v. Criminal Justice Ed. & Training Stds. Comm.

Lloyd Harrison Bryant Jr. v. Criminal Justice Ed &. Training Stds Comm

William B. Lipscomb v. Private Protective Services Board

Private Protective Svcs. Bd. v. Fred D. Rector

Private Protective Svcs. Bd. v. Alan D. Simpson

90 DOJ 0353

Morgan

08/30/93

8:13 NCR 1281

92 DOJ 0420

West

11/05/93

8:17 NCR 1705

92 DOJ 0656* 7

West

06/22/93

92 DOJ 0761

Morrison

05/10/93

92 DOJ 0829 * 7

West

06/22/93

92 DOJ 0869

Morgan

08/11/93

92 DOJ 1081*'

Morgan

07/09/93

92 DOJ 1088

Morrison

03/16/93

92 DOJ 1367

Chess

04/01/93

92 DOJ 1465

Nesnow

05/28/93

92 DOJ 1756

Gray

03/23/93

93 DOJ 0151

West

04/21/93

93 DOJ 0156*'

Morgan

07/09/93

93 DOJ 0174

Morrison

12/13/93

93 DOJ 0196

Morrison

08/09/93

93 DOJ 0201

Beeton

07/12/93

93 DOJ 0202

Chess

05/10/93

93 DOJ 0357

Morrison

09/13/93

93 DOJ 0377

Reilly

08/31/93

93 DOJ 0458

Morrison

06/01/93

93 DOJ 0479

Mann

08/19/93

93 DOJ 0480

West

07/21/93

2347

8:23

NORTH CAROLINA REGISTER

March 1, 1994

CONTESTED CASE DECISIONS

AGENCY

William M. Medlin v. Sheriffs' Ed. & Training Stds. Comm.
Karl L. Halsey Sr. v. Criminal Justice Ed. &. Training Side. Comm.
Charles Freeman v. Sheriffs' Ed. & Training Stds. Comm.
Shayne K. MacKinnon v. Sheriffs' Ed. & Training Stds. Comm.
Carl Michael O'Byrne v. Alarm Systems Licensing Boaid
Gary D. Cunningham v. Private Protective Services Board
Private Protective Services Boaid v. Michael A. McDonald
Levon Braswell v. Private Protective Services Board
Thomas H. Groton v. Sheriffs' Ed. & Training Stds. Comm.
Dale Alvin Floyd v. Private Protective Services Boaid

LABOR

CASE

DATE OF

PUBLISHED DECISION

NUMBER

ALJ

DECISION

93 DOJ 0569

Chess

10/06/93

93 DOJ 0625

Gray

12/01/93

93 DOJ 0685

Nesnow

12/06/93

93 DOJ 0686

Nesnow

12/16/93

93 DOJ 0844

Nesnow

09/08/93

8:13 NCR 1300

93 DOJ 0845

Reilly

12/22/93

93 DOJ 0975

Gray

11/29/93

93 DOJ 1003

Morrison

12/29/93

8:20 NCR 2020

93 DOJ 1116

Bee ton

01/06/94

93 DOJ 1472

Morrison

12/30/93

Greensboro Golf Center, Inc. v. Labor

Ronald Dennis Hunt v. Labor

Jeffrey M. McKinney v. Labor

Pastor Larry C. Taylor Warsaw Church of God v. Labor

MORTUARY SCIENCE

Boaid of Mortuary Science v. Triangle Funeral Chapel, Inc.
PUBLIC INSTRUCTION

92 DOL 0204

Nesnow

04/15/93

92 DOL 1319

Morgan

06/17/93

92 DOL 1333

Morrison

06/21/93

93 DOL 0961

West

11/16/93

92 BMS 1169

Reilly

04/29/93

8:4 NCR 396

Arnold O. Herring v. Public Instruction

Frances F. Davis, Parent of Joseph E. Davis v. Public Instruction

Donna Marie Snyder v. Public Instruction

Virginia Willoughby v. Craven County Boaid of Education

Harold Wayne Poteat v. Bob Etheridge, Super/Public Ins., NC St Bd/Ed

J.E. Sappenfield v. Guilford County Board of Education

91 EDC 0858

Bee ton

10/20/93

93 EDC 0628

Mann

07/29/93

93 EDC 0731

Nesnow

09/16/93

93 EDC 1 143

Mann

12/17/93

93 EDC 1692

Bee ton

02/07/94

94 EDC 0013

Mann

02/10/94

8:20 NCR 2022

STATE PERSONNEL

Frances K. Pate v. Transportation

Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart,

James H. Johnson, James D. Fishel v. Justice
Lawrence D. Wilkie, Jerry R. Evans, Jules R. Hancart,

James H. Johnson, James D. Fishel v. Justice
Connie B. Lee v. Justice

Donald Allen Rutschman v. UNC Greensboro, Office of Human Res.
Bernie B. Kellly v. Correction

William H. Peace HI v. Employment Security Commission
Brenda G. Mitchell v. Correction
Walton M. Pittman v. Correction

Adolph Alexander Justice Jr. v. Motor Vehicles, Transportation
Clayton Brewer v. North Carolina State University
Sherman Daye v. Transportation
Donnie M. White v. Correction

Gregory Samuel Parker v. Environment, Health, & Natural Resources
Renee E. Shepheid v. Winston-Salem State University
Eva Dockery v. Human Resources

Lee P. Crosby v. Michael Kelly, William Meyer and EHR
William Marshall Boyd Jr. v. County Commissioners of Hyde &

Certain Board of Health Members
Gregory Samuel Parker v. Environment, Health, &. Natural Resources
Willie Granville Bailey v. Winston-Salem State University
Mattie W. Smith v. State Agricultural and Technical University
Julia Spinks v. Environment, Health, & Natural Resources
James B. Price v. Transportation
I. Cary Nailling v. UNC-CH
Deborah Barber v. Correction

88 OSP 0340

Morrison

05/03/93

90OSP 1064* 4

Mann

05/04/93

90 OSP 1065**

Mann

05/04/93

90 OSP 1066**

Mann

05/04/93

90 OSP 1067**

Mann

05/04/93

90 OSP 1068**

Mann

05/04/93

91 OSP 0011

Morgan

10/05/93

8:15 NCR 1498

91 OSP 0305

Chess

10/19/93

91 OSP 0344

Morrison

05/27/93

91 OSP 0572

Chess

10/12/93

91 OSP 0625

West

03/08/93

8:1 NCR 75

91 OSP 0805

Morgan

10/06/93

91 OSP 0860

Chess

07/19/93

91 OSP 0941

West

04/02/93

8:3 NCR 306

91 OSP 0951

West

05/07/93

91 OSP 1236

Morgan

04/05/93

91 OSP 1344* 1

Chess

05/20/93

91 OSP 1391

Morgan

04/28/93

92 OSP 0010

Chess

05/03/93

92 OSP 0056

Gray

06/07/93

92 OSP 0090

Gray

08/25/93

92 OSP 0188*>

Chess

05/20/93

92 OSP 0285

Morrison

03/10/93

92 OSP 0298* 12

Reilly

09/14/93

92 OSP 0313

Becton

04/12/93

8:4 NCR 382

92 OSP 0375

Gray

04/13/93

92 OSP 0394

Becton

04/20/93

92 OSP 0396

Chess

03/04/93

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2348

CONTESTED CASE DECISIONS

a<;kncy

Laverne B. Hill v. Transportation

Jimmy D. Wilkins v. Transportation

Sarah W. Britt v. Human Resources, C.A. Dillon School, CPS

Charles Robinson v. Revenue

Anna L. Spencer v. Mecklenburg County Area Mental Health

Herman James Goldstein v. UNC-Chapel Hill et al.

Ronnie H. Mozingo v. Correction

Glinda C. Smith v. Wildlife Resources Commission

Cindy G. Bartlett v. Correction

William Kenneth Smith Jr. v. Broughton Hospital (Human Resources)

Larry O. Nobles v. Human Resources

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ.

Tracey Hall v. N.C. Central U, Off. of Scholarship & Student Aid

Sondra Williams v. Winston-Salem State University

Willie Thomas Hope v. Transportation

David Scales v. Correction

Suzanne Ransley Hill v. Environment, Health, &. Nat. Res.

Herman James Goldstein v. UNC-Chapel Hill et al.

Charles M. Blackwelder v. Correction

Beatrice Wheless v. Lise M. Miller, University Payroll Off., NC St. Univ.

John B. Sauls v. Wake County Health Department

Patti G. Newsome v. Transportation

Nancy McAllister v. Camden County Department of Social Services

Gilbert Jaeger v. Wake County Alcoholism Treatment Center

Rex Inman v. Stokes County Department of Social Services

Joseph Henry Bishop v. Environment, Health, & Natural Res.

Glenn D. Fuqua v. Rockingham County Board of Social Services

Dorothy D. Johnson v. Correction

Willie L. Hudson v. Correction

Brenda K. Campbell v. Employment Security Commission

Christie L. Guthrie v. Environment, Health, & Natural Resources

Sharon Reavis v. Crime Control & Public Safety

Alphonso Walker v. Human Resources

James B. Price v. Transportation

Jerry L. Jones v. N.C.S.U. Physical Plant

Mattie W. Smith v. State Agricultural and Technical University

Gina Renee Cox v. UNC Chapel Hill

Roland W. Holden v. University of North Carolina at Chapel Hill

Betty Bradsher v. UNC-CH

Anthony M. Little v. Human Resources, John Umstead Hospital

Jannie C. Sykes v. Employment Security Commission

Jamal Al Bakkat-Morns v. Glenn Sexton (DSS)

Rebecca Beauchesne v. University of North Carolina at Chapel Hill

Brenda Kay Barnes v. Human Resources

Larry G. Riddle v. Correction, Division of Prisons

Stevie E. Dunn v. Polk Youth Center

Buford D. Vieregge Jr. v. N.C. State University, University Dining

Dorothy Ann Harris v. Correction

Brenda B. Miles v. University of North Carolina Chapel Hill

Deborah J. Whitfield v. Caswell Center

Karen Canter v. Appalachian State University

Terry Steve Brown v. Iredell County Health Department

Barbara A. Johnson v. Human Resources

Carrie P. Smith v. County of Stanly

George W. Allen v. Human Resources, Correction, Agri &. EHNR

William G. Fisher v. St Bd of Ed, Albermarle City Schools & Bd of Ed

Grace Jean Washington v. Caswell Center

Ralph Snipes v. Transportation and Correction

Clifton E. Simmons v. Correction

Willie L. James v. Caswell Center

Irving S. Rodgers v. C.A. Dillon, Division of Youth Services

Richard E. Howell v. Correction, Wayne Correctional Center

Brian Dale Barnhardt v. State Highway Patrol

F.R. "Don" Bowen v. Human Resources

Michael L. Pegram v. Correction

Jerry D. Doss Sr. v. Correction

Odessa Parker v. Durham County Dept. of Social Services

Debbie Renee Robinson v. Correction

CASE

DATE OF

PUBLISHED DECISION

NUMBER

AL.)

DECISION

92 OSP 0431* 1

West

03/08/93

92 OSP 0432* 1

West

03/08/93

92 OSP 0455

West

05/26/93

8:6 NCR 484

92 OSP 0553

Morgan

07/21/93

92 OSP 0584

Bee ton

08/16/93

92 OSP 0634

Morrison

05/04/93

92 OSP 0644

Mann

10/11/93

92 OSP 0653

Morrison

03/12/93

92 OSP 0671

Morgan

06/08/93

92 OSP 0684

Bee ton

05/10/93

92 OSP 0732

Mann

04/23/93

92 OSP 0744* 10

Morgan

07/16/93

92 OSP 0815

Morgan

09/16/93

92 OSP 0847

Morrison

08/06/93

92 OSP 0947

Morgan

03/23/93

92 OSP 0989

Chess

06/24/93

92 OSP 0992

Reilly

03/18/93

8:2 NCR 224

92 OSP 1047

Morrison

05/04/93

92 OSP 1082

Morrison

10/15/93

8:15 NCR 1500

92 OSP 1124* 10

Morgan

07/16/93

92 OSP 1142

Reilly

03/08/93

8:1 NCR 88

92 OSP 1180

Beeton

09/22/93

8:14 NCR 1346

92 OSP 1185

Chess

09/07/93

92 OSP 1204

Reilly

05/10/93

92 OSP 1230

Beeton

01/18/94

92 OSP 1243

Reilly

03/05/93

92 OSP 1318

Morrison

08/03/93

92 OSP 1395

Nesnow

10/29/93

92 OSP 1468

Beeton

05/26/93

92 OSP 1505

Morrison

03/17/93

92 OSP 1555

Beeton

05/31/93

92 OSP 1606

Morrison

08/19/93

8:12 NCR 1163

92 OSP 1615

Chess

12/16/93

92 OSP 1657

Mann

03/19/93

92 OSP 1661

Chess

07/06/93

92 OSP 1691* 12

Reilly

09/14/93

92 OSP 1692

Beeton

10/18/93

92 OSP 1715

Beeton

08/30/93

8:13 NCR 1292

92 OSP 1733

Beeton

03/30/93

92 OSP 1734

Beeton

09/01/93

92 OSP 1738

Gray

10/25/93

92 OSP 1741

Beeton

03/24/93

92 OSP 1767

Beeton

10/01/93

92 OSP 1768

Morrison

03/17/93

92 OSP 1774

Gray

04/26/93

92 OSP 1789

Beeton

04/19/93

92 OSP 1796

Morrison

05/27/93

93 OSP 0013

Morrison

09/15/93

93 OSP 0033

Morrison

09/10/93

93 OSP 0064

West

09/20/93

93 OSP 0079

Reilly

06/15/93

93 OSP 0101

Morgan

08/06/93

93 OSP 0103

Morrison

03/17/93

93 OSP 0109

Beeton

04/01/93

93 OSP 01 11

Reilly

04/16/93

93 OSP 0134

Beeton

04/20/93

93 OSP 0153

Morgan

06/03/93

93 OSP 0157

Mann

12/13/93

93 OSP 0159

Morrison

04/21/93

93 OSP 0171

Morgan

05/27/93

93 OSP 0177

West

04/21/93

93 OSP 0245

Gray

08/25/93

93 OSP 0251

Reilly

07/27/93

93 OSP 0253

Morgan

08/06/93

93 OSP 0275**

Reilly

06/28/93

93 OSP 0287

Gray

05/17/93

93 OSP 0366

Nesnow

12/15/93

93 OSP 0383

Nesnow

06/07/93

♦

2349

8:23

NORTH CAROLINA REGISTER

March 1, 1994

CONTESTED CASE DECISIONS

AGENCY

Sharon Brandon v. Dorothea Dix Hospital

Shaw Boyd v. Correction

Ida Gaynell Williams v. Wilson County Dept. of Social Services

Linda R. Wharton v. N.C. A & T University

Michael L. Pegram v. Correction

Ralph W Bureham v. Transportation

Claudius S. Wilson v. Human Resources

Edward D. Day Jr., John D. Warlick, Gary W Beecham v. Correction

Edward D. Day Jr., John D. Warlick, Gary W. Beecham v. Correction

Carrie Lee Gardner v. Human Resources

Alvin Lamonte Breedon v. OPC Mental Health

Edward D. Day Jr., John D. Warlick, Gary W Beecham v. Correction

Hubert L. Holmes v. Transportation

Vernell Ellis Turner v. NC A & T P>lice Dept, NC Agricultural Tech U

Barry W. Corbett v. Environment, Health, & Natural Resources

Everette E. Newton v. University of NC at Chapel Hill

Constance Smith-Rogers v. Human Resources

Timothy E. Blevins v. UNC A/K/A Western Carolina University

Xanlippe Blackwell v. Human Resources, Murdoch Center

Wayne Bradley Johnson v. State Computing Center

Harold Kovolenko v. Lynn C. Phillips, Director of Prisons

Daniel Thomas Wheeler, Kye Lee Wheeler v. Caldwell County

Department of Social Services
Terry Johnson v. Correction
David Henry v. Correction
Kathleen E. Conran v. New Bern Police Dept., City of New Bern; and

City of New Bern Police Civil Service Board
Berton Hamm Jr. v. Wake County Child & Family Services
John R. Woods Sr. v. Wake County Child & Family Services
Coleman F. Tyrance Jr. v. Wake County Child & Family Services
John Augusta Ifoge v. Wake County Child & Family Services
Thomas James v. Wake County Child & Family Services
James E. Hargrove v. Wake County Child & Family Services
Ricky Harrell v. Wake County Child &, Family Services
Bruce Creecy v. Wake County Child & Family Services
Dana Phillips v. Administrative Office of the Courts
William G. Beam v. Transportation

Mary U. Rote v. Carteret Community Action, Inc. & Carteret Cty.
Terry P. Chappell v. Correction

Marie C. Ricucci v. Forsyth County Public Health Dept.
Willie David Moore v. Correction (Piedmont Correctional Inst.)
George Lynch Jr. v. Carla O'Konek, Correction

CASE

DATE OF

PUBLISHED DECISION

NUMBER

ALJ

DECISION

93 OSP 0419

Gray

12/06/93

93 OSP 0438

Morgan

11/12/93

8:18 NCR 1838

93 OSP 0440

Gray

12/01/93

93 OSP 0456

Chess

09/22/93

93 OSP 0472* 8

Rcilly

06/28/93

93 OSP 0493

Chess

10/15/93

8:16 NCR 1558

93 OSP 0498

Gray

12/15/93

93 OSP 0522*°

Morrison

12/14/93

8:19 NCR 1922

93 OSP 0523*"

Morrison

12/14/93

8:19 NCR 1922

93 OSP 0537

Reilly

12/21/93

93 OSP 0551

Gray

11/23/93

93 OSP 0567*°

Morrison

12/14/93

8:19 NCR 1922

93 OSP 0572

Reilly

08/17/93

93 OSP 0577

Becton

11/03/93

93 OSP 0584

Reilly

01/13/94

8:21 NCR 2110

93 OSP 0589

Reilly

12/07/93

93 OSP 0593

Rcilly

12/21/93

93 OSP 0604

Morgan

09/29/93

93 OSP 0632

Reilly

09/01/93

93 OSP 0694

Chess

10/11/93

93 OSP 0697

Nesnow

09/08/93

93 OSP 0752

Nesnow

09/16/93

93 OSP 0757

Gray

10/06/93

93 OSP 0789

Gray

11/29/93

93 OSP 0797

Morrison

09/21/93

93 OSP 0809

Bee ton

10/27/93

93 OSP 0810

Becton

11/02/93

93 OSP 0811

Becton

11/02/93

93 OSP 0812

Becton

11/02/93

93 OSP 0813

Becton

11/02/93

93 OSP 0814

Becton

11/02/93

93 OSP 0815

Becton

11/02/93

93 OSP 0816

Becton

11/02/93

93 OSP 0822

West

09/09/93

93 OSP 0828

West

12/29/93

93 OSP 0831

Morrison

12/29/93

93 OSP 0834

Nesnow

10/11/93

93 OSP 0882

West

01/27/94

93 OSP 1043

Nesnow

12/03/93

93 OSP 1065

Morrison

02/08/94

STATE TREASURER

Juanita M. Braxton v. Bd. of Trustees /Teachers' & St Emp Ret Sys
James Hines on behalf of Luther Hines (Deceased) v. Board of
Trustees Teachers' and State Empployecs' Retirement System
Herman D. Brooks v. Bd of Trustees/Teachers' &. St Emp Ret Sys
Henrietta Sandlin v. Teachers* & State Emp Comp Major Medical Plan
Frances Billingsley v. Bd /Trustees /Teachers' & St. Emp. Ret. Sys.
Dennis Willoughby v. Bd. /Trustees /Teachers* & St. Emp. Ret. Sys.
Mary Alyce Carmiehael v. Bd/Trustees/Teachers' & St Emp Ret Sys
Shirley M. Smith v. Bd. /Trustees/Teachers* & St. Emp. Ret. Sys.
W. Rex Perry v. Bd/Trustees/Teachers* & St Emp Ret Sys
Rory Dale Swiggett v. Bd. /Trustees /N.C. Local Govtl. Emp. Ret. Sys.
Catherine D. Whitley v. Bd. /Trustees /Teachers & St. Emp. Ret. Sys.

91 DST 0017

West

09/07/93

91 DST 0130

Morgan

01/21/94

91 DST 0566

Gray

04/13/93

92 DST 0305

Morgan

04/12/93

92 DST 0996

West

09/20/93

92 DST 1439

West

09/20/93

8:14 NCR 1356

92 DST 1506

Chess

04/08/93

92 DST 1776

Reilly

11/18/93

8:18 NCR 1829

93 DST 0133

West

08/12/93

8:11 NCR 992

93 DST 0198

West

09/28/93

8:14 NCR 1360

93 DST 0727

Reilly

11/18/93

TRANSPORTATION

Yates Construction Co., Inc. v. Transportation

American S&P Auto v. Commissioner, Div. of Motor Vehicles

William G. Oglesby v. Division of Motor Vehicles

92 DOT

1800

Morgan

03/25/93

93 DOT

1070

Morrison

12/02/93

93 DOT

1375

Morrison

12/29/93

UNIVERSITY OK NORTH CAROLINA HOSPITALS

Constance V. Graham v. UNC Hospital
Jacqueline Florence v. UNC Hospitals

93 UNC 0269
93 UNC 0355

Morgan
Becton

07/20/93
06/16/93

8:23

NORTH CAROLINA REGISTER

March 1, 1994

2350

NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM

1 he North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these,
titles and chapters, are mandatory. The major subdivision of the NCAC is the title. Each major
department in the North Carolina executive branch of government has been assigned a title number.
Titles are father broken down into chapters which shall be numerical in order. The other two,
subchapters and sections are optional subdivisions to be used by agencies when appropriate.

TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE
TITLE DEPARTMENT LICENSING BOARDS CHAPTER

Administration

Acupuncture

Agriculture

Architecture

Auditor

Auctioneers

Commerce

Barber Examiners

Correction

Certified Public Accountant Examiners

Council of State

Chiropractic Examiners

Cultural Resources

General Contractors

Elections

Cosmetic Art Examiners

Governor

Dental Examiners

Human Resources

Dietetics/Nutrition

Insurance

Electrical Contractors

Justice

Electrolysis

Labor

Foresters

14A

Crime Control & Public Safety

Geologists

15A

Environment, Health, and Natural

Hearing Aid Dealers and Fitters

Resources

Landscape Architects

Public Education

Landscape Contractors

Revenue

Marital and Family Therapy

Secretary' of State

Medical Examiners

19A

Transportation

Midwifery Joint Committee

Treasurer

Mortuary Science

*21

Occupational Licensing Boards

Nursing

Administrative Procedures

Nursing Home Administrators

Community Colleges

Occupational Therapists

Independent Agencies

Opticians

State Personnel

Optometry

Ad muii st native Hearings

Osteopathic Examination & Reg. (Repealed)

Pharmacy

Physical Therapy Examiners

Plumbing, Heating & Fire Sprinkler Contractors

Podiatry Examiners

Practicing Counselors

Practicing Psychologists

Professional Engineers & Land Surveyors

Real Estate Appraisal Board

Real Estate Commission

Refrigeration Exam me rs

Sanitarian Examiners

Social Work Certification

Speech & Language Pathologists & Audiologists

Therapeutic Recreation Certification

Veterinary Medical Board

Note: Title 21 contains the chapters of the various occupational licensing boards.

2351

8:23

NORTH CAROLINA REGISTER

March 1, 1994

CUMULATIVE INDEX

(April 1993 - March 1994)

Pages Issue

1 - 92 1 - April

93 - 228 2 - April

229 - 331 3 - May

332 - 400 4 - May

401 - 455 . 5 - June

456 - 502 6 - June

503 - 640 7 - July

641 - 708 8 - July

709 - 792 9 - August

793 - 875 10 - August

876 - 1006 11 - September

1007 - 1184 12 - September

1185 - 1307 13 - October

1308 - 1367 14 - October

1368 - 1512 15 - November

1513 - 1568 16 - November

1569 - 1719 17 - December

1720 - 1849 18 - December

1850 - 1941 19 - January

1942 - 2031 20 - January

2032 - 2118 21 - February

2119 - 2213 22 - February

2214 - 2355 23 - March

Unless otherwise identified, page references in this Index are to proposed rules.

ADMINISTRATION

Administration's Minimum Criteria, 5

Auxiliary Services, 1724

Low-Level Radioactive Waste Management Authority, 232

State Employees Combined Campaign, 1008

ADMINISTRATIVE HEARINGS

Civil Rights Division, 370
General, 366
Hearings Division, 1480
Rules Division, 367

AGRICULTURE

Aquaculture, 1212, 2126

Markets, 2125, 2127

N.C. State Fair, 506

Plant Industry, 513, 1212, 2125, 2141

Standards Division, 1212, 2124

Veterinary Division, 515, 1212

8:23 NORTH CAROLINA REGISTER March 1, 1994 2352

CUMULATIVE INDEX

COMMERCE

Alcoholic Beverage Control Commission, 408, 711, 1310

Banking Commission. 408, 798, 1312

Cemetery Commission, 810

Credit Union Division, 1724

Savings Institutions Division: Savings Institutions Commission, 461

State Ports Authority, 811, 1570

COMMUNITY COLLEGES

Community Colleges, 1527

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES

Coastal Management, 279, 571, 962, 1405, 1862

Comprehensive Conservation and Management Plan, 882

Departmental Rules, 465, 2223

Environmental Health, 2067

Environmental Management, 210, 556, 658, 797, 893, 1254, 1748, 1858, 2039, 2243

Health Services, 283, 335, 425, 465, 572, 709, 762, 966, 1098, 1417, 1663, 1782, 1850

Marine Fisheries, 28, 568, 1573

Mining: Mineral Resources, 829

NPDES Permit, 710

Radiation Protection, 1662

Soil and Water Conservation Commission, 214, 1322

Vital Records, 1525

Wildlife Resources Commission, 32, 663, 831, 965, 1255, 1409, 1613, 1723, 1773, 1957

Wildlife Resources Commission Proclamation, 1851, 2123

Zoological Park, 337

FINAL DECISION LETTERS

Voting Rights Act, 4. 407, 460, 795. 880, 1371, 1514, 1569, 1722, 1942, 2033, 2121, 2216

GENERAL STATUTES

Chapter 7A, 1185
Chapter 150B. 1187

GOVERNOR/LT. GOVERNOR

Executive Orders, 1, 93, 229, 332, 401, 456, 641, 793, 876, 1007, 1209, 1308, 1368, 1513. 1720,
2032, 2119, 2214

HUMAN RESOURCES

Aging. Division of, 815, 1372

Blind, Services for the, 884

Deaf and Hard of Hearing, Services for the, 650

Departmental Rules, 2143

Facility Services, 94, 883. 1014, 1215, 1312, 1519, 1725, 2036

Medical Assistance, 25, 414, 553. 712, 888, 1316, 1742, 1943

Medical Care Commission, 644, 1312

Mental Health, Developmental Disabilities and Substance Abuse Services, 7, 413, 516, 1086, 1217,

1852

Social Services Commission, 237. 733, 1091, 1376, 1743, 2037

♦

EVSURANCE

Actuarial Services, 555. 657, 1249. 1321. 1403

Agent Services Division, 1399

Engineering and Building Codes Division, 1248

2353 8:23 NORTH CAROLINA REGISTER March I, 1994

CUMULATIVE INDEX

Financial Evaluation Division, 1093, 1317, 1946, 2145
Life and Health Division, 1094, 1318, 1400, 1956
Medical Database Commission, 463, 737, 1956
Property and Casualty Division, 1400, 2144
Special Services Division, 1096

JUSTICE

Alarm Systems Licensing Board, 761

Attorney General, Office of the, 28

Criminal Justice Education and Training Standards Commission, 253

Criminal Justice Standards Division, 241

Departmental Rules, 1096

Private Protective Services Board, 252, 890, 2151

Sheriffs' Education and Training Standards Commission, 738

LABOR

OSHA, 97, 231, 278, 892, 1523, 1744, 2035, 2154, 2221

LICENSING BOARDS

Architecture, 43

Certified Public Accountant Examiners, 1418

Chiropractic Examiners, 1806

Cosmetic Art Examiners, 969, 1526, 2071, 2162

Dental Examiners, State Board of, 763, 1960, 2166

Electrolysis Examiners, Board of, 841, 1457

Foresters, Registration for, 674

General Contractors, Board of, 2320

Geologists, Board of, 285, 2072

Landscape Architects, 1256

Medical Examiners, Board of, 591, 1458, 1685, 1965, 2167

Mortuary Science, Board of, 45, 342, 971, 1461, 2170

Nursing, Board of, 1463

Nursing Home Administrators, 346

Occupational Therapy, 1469

Opticians, Board of, 1261

Pharmacy, Board of, 47, 354, 1326

Physical Therapy Examiners, 53, 767

Plumbing, Heating and Fire Sprinkler Contractors, 360

Practicing Psychologists, Board of, 844, 1807, 1880

Professional Engineers and Land Surveyors, Board of, 2172

Real Estate Appraisal Board, 1976

Real Estate Commission, 53, 364, 1996

Refrigeration Examiners, 1148, 1526

Social Work, Certification Board for, 428, 1808

Therapeutic Recreation Certification Board, 1328

LIST OF RULES CODIFIED

List of Rules Codified, 61, 290, 432, 593, 769, 845, 1264, 1535, 1687, 1881, 2074

PUBLIC EDUCATION

Elementary and Secondary Education, 427, 470, 1873, 2068, 2319

SECRETARY OF STATE

Land Records Management Division, 1792

8:23 NORTH CAROLINA REGISTER March I, 1994 2354

CUMULATIVE INDEX

STATE PERSONNEL

Office of State Personnel, 286, 972, 1262, 1472, 2325

STATE TREASURER

Local Government Commission, 1795
Retirement Systems, 337, 1 146

TAX REVIEW BOARD

Orders of Tax Review, 503, 1516, 2217

TRANSPORTATION

Highways, Division of, 669, 836, 2158
Motor Vehicles, Division of, 1145, 1875

2355 8:23 NORTH CAROLINA REGISTER

NORTH CAROLINA ADMINISTRATIVE CODE

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